Questão jurídica principal
Whether the Geneva Court of Cassation acted arbitrarily in holding that the cassation appeal against an interlocutory ruling had no automatic suspensive effect
Decisão extraída
The cantonal solution was not arbitrary; for interlocutory decisions, no automatic suspensive effect had to be inferred from the Geneva procedural code.
Fundamentação extraída
Art. 369 CPP/GE was aimed at execution of convictions and did not necessarily govern appeals against interlocutory decisions. In the absence of an express rule, it was defensible to require a request for suspensive effect in cassation against an interim decision.