Question juridique clé
Whether the deadline for the criminal cassation complaint should be restored
Solution extraite
No. The omission was due to a mistake in calculating the deadline, and no unexcused impediment within the meaning of Art. 35 OG was proven.
Motifs extraits
Only objective or subjective impossibility caused by an ungovernable circumstance can justify restoration. Here, counsel was not prevented from acting and merely misunderstood the procedural rules; the alleged heart condition was not shown to have impaired concentration or caused the error.