Federal Supreme Court, 06.02.2026, 1C_83/2026
Facts
The Federal Office of Justice (FOJ) has authorized the extradition of a Croatian national to Croatia for the purpose of criminal prosecution. The individual's appeal against this decision was dismissed by the Federal Criminal Court (FCC) in a decision notified on January 21, 2026. The appellant filed an appeal with the Federal Supreme Court. Although dated January 31, 2026, the appeal was handed over to the postal service on February 3, 2026.
Legal Grounds
In matters of international mutual assistance in criminal matters, the time limit for filing an appeal with the Federal Supreme Court is 10 days (art. 100 para. 2 let. b LTF). The time limit begins to run on the day following notification (art. 44 para. 1 LTF). To comply with the time limit, the appeal must be handed over to the Swiss postal service no later than the last day of the period (art. 48 para. 1 LTF). An appeal that is manifestly inadmissible, particularly because it is late, is handled through simplified proceedings and is not examined on its merits (art. 108 para. 1 let. a LTF).
Application to the present case
As the FCC's decision was notified to the appellant on January 21, 2026, the 10-day appeal period began on January 22 and expired on February 2, 2026. The appeal was mailed on February 3, 2026, one day after the deadline. The appeal is therefore late and consequently manifestly inadmissible.
Outcome
The Federal Supreme Court does not consider the appeal. It waives the collection of court costs.
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