Facts
On January 26, 2018, [A.] was sentenced by the Criminal Court of Basel-Landschaft to 6 years and 2 months of imprisonment for gang-related and commercial theft, multiple acts of property damage, and multiple, partially attempted trespassing, and was expelled from the country for 9 years. [A.] appealed against this judgment, whereupon the Cantonal Court of Basel-Landschaft confirmed the first-instance judgment on February 8, 2019.
[A.] then filed a criminal complaint with the Federal Supreme Court and requested to be acquitted, released from custody, and compensated. Alternatively, the case should be remanded to the Cantonal Court.
Considerations
The Federal Supreme Court states that the public prosecutor's office can use technical surveillance devices to determine the location of persons or objects (Art. 280 lit. c CCP). However, the use of such devices requires the approval of the compulsory measures court (Art. 281 para. 4 in conjunction with Art. 272 para. 1 CCP).
In the present case, the GPS transmitter was installed without the approval of the compulsory measures court, which constitutes a violation of the legal regulations. However, this unlawful surveillance did not result in all the evidence gathered in the proceedings being inadmissible. The arrest of the suspects and the subsequent collection of…