Facts
The appellant [X.] was convicted by the Criminal Court of the Canton of Basel-Landschaft for serious violation of traffic regulations and sentenced to a conditional fine and a penalty. The Cantonal Court of Basel-Landschaft partially upheld the appeal and reduced the fine. [X.] then filed a criminal appeal with the Federal Supreme Court.
The appellant was convicted based on a time-distance calculation from a video recording. An expert opinion obtained from the Federal Office of Metrology (METAS) found that the appellant had exceeded the maximum speed limit of 50 km/h within the city by 49 km/h.
Considerations
The Federal Supreme Court upholds its case law, according to which the principle of "ne bis in idem" is not violated by the cumulation of criminal and administrative sanctions for traffic regulation violations. The lower court correctly conducted the appeal proceedings and rightly convicted the appellant.
The Federal Supreme Court considers the official expert opinion of METAS to be admissible. The expert was allowed to carry out the necessary measurements for the speed calculation on site, without this constituting a violation of the procedural…