Dismissal of the appeal against the judgment of the Cantonal Court of Basel-Landschaft for commercial theft and other offenses

Facts

On March 22, 2016, the Cantonal Court of Basel-Landschaft sentenced the appellant to a prison sentence of six years for commercial theft, theft, multiple acts of property damage, multiple trespassing, and multiple violations of the Foreigners Act. The appellant then filed an appeal with the Federal Supreme Court, requesting that the judgment be set aside and the case be remanded to the Criminal Court of Basel-Landschaft for a new main hearing. Alternatively, he requested that the sentence be set aside and the case be remanded to the lower court for the imposition of a partially suspended sentence of three years.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the appeal under Art. 398 et seq. CrimPC is a reformatory legal remedy, in which the appellate court renders a new judgment that replaces the first-instance judgment. A remand of the case for a new main hearing and the rendering of a new judgment to the court of first instance would only be appropriate if the first-instance proceedings…