Facts
The appellant [X.] filed an asylum application in Switzerland in November 2015 and was assigned to the canton of Jura. On March 11, 2016, he was deported to Italy. On March 26, 2016, he was subjected to a police check in Basel-Stadt, where he stated that his place of residence was Rome. On August 24, 2016, the public prosecutor's office of the canton of Basel-Stadt issued a criminal order against [X.] for unlawful residence and disregard of exclusion. The criminal order was served at the address in Delémont, but was returned with the note "not collected". The public prosecutor's office was unable to determine any other address for service. In March 2017, [X.] was checked in Vaud and transferred to the criminal enforcement authority of Basel-Stadt. On May 2, 2017, [X.] filed an objection to the criminal order, which the Criminal Court of Basel-Stadt did not consider due to the delay. The Court of Appeal of Basel-Stadt dismissed the appeal filed against this.Considerations
The Federal Supreme Court sets aside the decision of the Court of Appeal and remands the case to the lower court for a new decision. It justifies this as follows:The public prosecutor's office could not apply the presumption of service under Art. 88 para. 4 CrimPC, as it had not undertaken all reasonable inquiries to determine the appellant's whereabouts. In particular, it should have consulted the files of the Migration…