Facts
In this case, the Public Prosecutor's Office of Basel-Stadt is conducting a criminal proceeding against [A.] and [B.] for economic offenses such as breach of trust and bankruptcy and debt collection offenses. By a decree dated April 26, 2016, the Public Prosecutor's Office separated the proceedings against [B.] in order to conduct an abbreviated procedure against him.
[A.] filed a complaint against this separation of proceedings, which was dismissed by the Court of Appeal of the Canton of Basel-Stadt. Thereupon, [A.] appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court set aside the decision of the lower court and remanded the matter to the Court of Appeal for a new assessment of the costs and compensation consequences.
The Federal Supreme Court reasoned that this is a case of possible co-perpetration or participation within the meaning of Art. 29 para. 1 lit. b CrimPC. The Public Prosecutor's Office had initially treated both accused as co-perpetrators before separating the proceedings against [B.] . However, it had not sufficiently justified…