Facts
This judgment deals with the question of whether the statute of limitations for prosecution also applies to misdemeanors after a first-instance judgment. The facts concern a complaint by the Public Prosecutor's Office of the Canton of Basel-Landschaft against X.
The Federal Supreme Court had to decide whether, pursuant to Art. 97 para. 3 of the Swiss Criminal Code (StGB), the statute of limitations for prosecution of misdemeanors ends with the first-instance judgment or whether it can still occur despite the issuance of such a judgment.
Considerations
The Federal Supreme Court states that according to Art. 97 para. 3 StGB, the statute of limitations for prosecution ends with the issuance of the first-instance judgment and not only with its notification. This provision generally also applies to misdemeanors pursuant to Art. 104 StGB, unless there are deviating rules in the law on misdemeanor criminal law.
The Federal Supreme Court bases this on the legislator's intention, which with the revision of the Criminal Code aimed to ensure that the statute of…