Facts
The appellant [A.X.] was found guilty by the Cantonal Court of Basel-Landschaft of multiple, partially attempted gang thefts, property damage, and multiple trespassing, and was sentenced to an unconditional prison sentence of two years. He filed a complaint with the Federal Supreme Court. The Federal Supreme Court partially annulled the judgment, as the appellant was never confronted with his co-perpetrator [B.X.] and was not given the opportunity to ask supplementary questions. Therefore, the statements of [B.X.] may not be used. Furthermore, the Federal Supreme Court considered the assumption of gang-like perpetration by the lower court as insufficiently justified.Considerations
The Federal Supreme Court stated that for the assumption of gang-like perpetration, concrete indications are required that the perpetrators have joined together with the intention of committing several, as yet unspecified, offences. In the present case, such indications were not sufficiently apparent. Merely the fact that the appellant and his accomplice committed two burglaries within a short period of time is not sufficient. Further…