Facts
Parties: [X.] (Appellant) against the Public Prosecutor's Office of the Canton of Basel-Stadt.
Court: Federal Supreme Court, I. Public Law Division.
Date of Judgment: November 10, 2011.
Main Issue: Appeal against the decision of the Appellate Court of the Canton of Basel-Stadt dated September 22, 2011, regarding the dismissal of an application for discharge from early release from imprisonment.
Facts: [X.] has been in custody since May 18, 2009. On June 10, 2010, he was convicted of intentional homicide and sentenced to a total term of imprisonment of 6 1/2 years. On August 25, 2011, he filed an application for discharge from early release from imprisonment, which was dismissed by the Appellate Court. [X.] subsequently filed an appeal with the Federal Supreme Court.
Considerations
1. Admissibility of the Appeal The challenged decision concerns discharge from early release from imprisonment and is admissible under Art. 78 ff. FSCA. The Swiss Code of Criminal Procedure (CrimPC) is applicable. The appellant has a legally protected interest and is entitled to appeal under Art. 81 para. 1 FSCA. The Federal Supreme Court can decide on the merits of the case.
2. Formal Defects of the Challenged Decision The challenged decision was not signed, as required by Art. 80 para. 2 CrimPC. The signature is a validity requirement in the interest of legal certainty. Furthermore, the appellant was not served with a signed copy of the decision. The decision is therefore to be quashed.
3. Violation of the Right to be Heard The lower court provided the appellant with the public prosecutor's observations only together with the decision, thereby violating his right to be heard. Furthermore, the lower court did not address the appellant's arguments regarding the risk of recurrence, which constitutes a violation of Art. 29 para. 2 Cst.
4. Violation of the Principle of Expeditiousness The lower court did not comply with the five-day…