Questão jurídica principal
Whether the nullity complaint could raise for the first time alleged violations of Arts. 117 CP and 92(2) LCR
Decisão extraída
No. The Federal Court held these complaints inadmissible because they had not been properly raised before the cantonal court and the appeal was limited to the sentence issue.
Fundamentação extraída
The nullity complaint is subsidiary and requires exhaustion of cantonal remedies. Since the cantonal review was confined to the sentence under Art. 63 CP, new challenges to the substantive convictions could not be introduced at federal level.