Rejection of the Resumption of a Legally Binding Discontinued Proceeding due to Statute of Limitations

Facts

The case concerns the question of whether a legally binding discontinued criminal proceeding can be resumed due to a change in the law regarding the non-applicability of the statute of limitations for sexual offenses against children.

In 2010, the complainant A.X. informed the Public Prosecutor's Office of the Canton of Basel-Stadt that she had suffered multiple sexual assaults by her father B.X. as a child. The Public Prosecutor's Office then discontinued the proceedings due to the statute of limitations. In 2013, the Public Prosecutor's Office ordered the resumption of the proceedings, which the Court of Appeal of the Canton of Basel-Stadt, however, revoked. A.X. then filed a complaint with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the complaint. It stated that the discontinuation of the proceedings in 2010 had become legally binding under the cantonal criminal procedure law applicable at the time. The effects of such discontinuation orders have been governed by the Swiss Criminal Procedure Code (CPC) since January 1, 2011.

According to Art. 320 para. 4 CPC, a legally binding discontinuation order has the effect of an acquittal. A renewed criminal prosecution for the same act is prohibited under Art. 11 para. 1 CPC, although the resumption of a discontinued proceeding is possible under Art. 323 para. 1 CPC.