Questão jurídica principal
Whether the cantonal declaration of inadmissibility for failure to correct an offensive appeal was excessively formalistic.
Decisão extraída
No. Refusing to consider an abusive or offensive pleading after giving the author an opportunity to correct it does not constitute a formal denial of justice.
Fundamentação extraída
The appellant was expressly given a short deadline to remove the offensive expression. He did not react. Under Art. 110 para. 4 CPP and the case law, the court may refuse to enter into the matter in such circumstances. The federal court also found the appeal itself clearly abusive under Art. 108 para. 1 lit. c LTF.