Questão jurídica principal
Whether the second request for relief from the default judgment was filed within the applicable deadline under former Vaud procedure law.
Decisão extraída
The request was manifestly late because the judgment had been validly notified by publication and the three-month deadline had expired.
Fundamentação extraída
Art. 404 al. 3 CPP/VD did not apply because the defendant had neither appeared nor been arrested. Since he had no known domicile in Switzerland, notification by publication triggered the three-month period under Art. 404 al. 1 CPP/VD. The first request, filed by an unauthorized representative, had no legal effect.