Facts
The complainant Y. was involved in a drug trafficking ring dealing in heroin. She was convicted by the Baden District Court of multiple qualified violations of the Narcotics Act, multiple complicity, and professional and organized criminal money laundering, and sentenced to a term of imprisonment of 5 ½ years. On appeal, she was acquitted in part but sentenced to a term of imprisonment of five years and a fine in other counts. Y. filed a criminal complaint and requested that the judgment be overturned and that she be acquitted or, alternatively, sentenced to a lesser term of imprisonment. She claimed that her participation rights under Art. 147 para. 1 CrimPC were violated, which led to the inadmissibility of the evidence against her.
Considerations
The Baden Public Prosecutor's Office denied Y. the right to participate in the interrogations of co-accused, which was confirmed by the cantonal court. Y. appealed this decision, but it was dismissed. The Federal Court ruled in another case that the accused person has a right to participate in the interrogations of co-accused. The lower court refused to review the violation of participation rights again, as Y. had not appealed the cantonal court's interlocutory decision. However, the Federal Court found that the…