Facts
The appellant X. was convicted in 2002 by the High Court of the Canton of Zurich for complicity in misappropriation and violations of the Banking Act. After granting a request for revision, the proceedings against X. were reopened. In the reopened proceedings, the High Court of the Canton of Zurich again found X. guilty of complicity in misappropriation and violations of the Banking Act in 2015.
X. filed a criminal law appeal against this judgment. He argued that the incriminating acts were time-barred and that all procedural guarantees had to be observed in the reopened proceedings, which the lower courts had failed to recognize.
Considerations
The Federal Supreme Court held that the statute of limitations for prosecution does not revive in the event of a successful request for revision against a conviction. The statute of limitations for enforcement continues to run during the reopened proceedings and the resumed proceedings, even if the sentence can no longer be executed in the resumed proceedings.
Furthermore, the Federal Supreme Court stated that in the reopened proceedings, just as in the first proceedings, applications for the taking of evidence can be filed. The lower courts must examine the…