Questão jurídica principal
Whether declaring the appeal lapsed because of late appearance violated the prohibition of excessive formalism under Art. 29(1) BV.
Decisão extraída
Yes. In the concrete circumstances, applying § 242(1) StPO/LU to let the appeal lapse was excessively formalistic and unjustified.
Fundamentação extraída
The court emphasized the total procedural context: after the grace period, the court contacted counsel, waited for both accused and counsel, and then held an adversarial discussion about whether to dismiss the appeal. Since the hearing could have proceeded immediately and the orderly administration of justice was not impaired, the strict lapse consequence served no protected interest.