Facts
On August 22, 2019, the Deputy Chief Public Prosecutor of the Canton of Basel-Landschaft, János Fábián, filed charges against [A.] for multiple, partially qualified misappropriation, multiple forgery of documents, and false accusation. On August 23, 2019, the Public Prosecutor's Office issued a press release about the filing of charges, which was followed by corresponding reports in the media. In response, on September 18, 2019, [A.] filed a criminal complaint against János Fábián for defamation and breach of official secrecy. On October 1, 2019, she filed a motion for recusal against Fábián in the ongoing criminal proceedings against her. The Cantonal Court of Basel-Landschaft, in its decision of December 3, 2019, did not consider the motion for recusal, as it was deemed to be late.
Considerations
The Federal Supreme Court confirmed the decision of the Cantonal Court. It stated that according to the case law, a motion for recusal must be filed within the next few days after becoming aware of the grounds for recusal, otherwise the claim is forfeited. In the present case, it was to be assumed that [A.] was aware of the grounds for recusal at the latest on September 18, 2019, when she filed a criminal complaint against Fábián. The motion for recusal filed on October 1, 2019, was therefore late.
The…