Questão jurídica principal
Whether federal criminal procedure and constitutional guarantees applied to the municipal construction fine proceedings
Decisão extraída
The Federal Criminal Procedure Code did not apply because the matter concerned a municipal administrative penal decision under cantonal law; the constitutional complaint about an independent court failed because a cantonal court reviewed the matter with full cognition.
Fundamentação extraída
The underlying sanction stemmed from cantonal and municipal law, so the procedure was governed by cantonal administrative procedure. The municipal authority is not a court under Art. 30 BV, and the appellants had access to an independent appellate court.