Facts
The appellant [X.] was sentenced by the Court of Appeal of the Canton of Basel-Stadt to a custodial sentence of 17 years for murder. He filed a criminal appeal with the Federal Supreme Court, requesting that he be fully acquitted or that a more lenient sentence be imposed. The Federal Supreme Court quashes the judgment of the lower court and remands the case to the lower court for a new assessment of the sentence. In all other respects, the appeal is dismissed.Considerations
The Federal Supreme Court states that the lower court applied the new, applicable law when determining the sentence, without examining whether this was more lenient for the appellant. Pursuant to Art. 2 para. 2 SCC, the law that is more lenient for the offender must be applied. In the present case, the old law (prior to the revision of the General Part of the Criminal Code) was more lenient at the time of the judgment, as under this law the mitigating circumstance of good conduct over a relatively long period of time…