Question juridique clé
Whether the Vaud cassation court was competent to decide after remand under Art. 453(2) CPP.
Solution extraite
No. After a remand rendered after the CPP entered into force, the new decision had to be issued by the authority that would have been competent under the CPP to decide the annulled judgment, namely the appellate court.
Motifs extraits
The remand judgment of 26 September 2011 postdated the CPP's entry into force; therefore the CPP governed the post-remand proceedings. Because the first-instance judgment would, under the CPP, have been challenged by appeal, the competent authority for the new decision was the appellate court, not the cassation court. The Federal Supreme Court's designation of the previous authority in the remand was not binding.