Question juridique clé
Whether granting revision of penalty orders more broadly than Art. 397 CP allows violates federal law
Solution extraite
No. Art. 397 CP only obliges cantons to provide revision in certain cases; it does not prevent them from allowing revision more broadly.
Motifs extraits
The court held that federal law is not violated when revision is granted in situations not expressly covered by Art. 397 CP. The prosecutor's abuse-of-right argument relied on case law concerning a refusal of revision, which was not comparable. The legality of the cantonal-law grant of revision could not be reviewed in a nullity appeal.