Facts
On 5 March 2009, a traffic accident occurred in Aesch between a truck driven by [Y.] and a small motorbike driven by [X.] . [X.] suffered head, knee, elbow, and shoulder injuries. The Public Prosecutor's Office of Basel-Landschaft dismissed the criminal proceedings against [Y.] due to lack of criminal offense. [X.] lodged a complaint against this dismissal, which was rejected by the Court of Criminal Jurisdiction of the Canton of Basel-Landschaft.
[X.] appealed to the Federal Court and requested the reversal of the dismissal and the criminal prosecution of [Y.] . The Public Prosecutor's Office and the Court of Criminal Jurisdiction requested the dismissal of the appeal.
Considerations
The Federal Court examined its jurisdiction and the applicability of the new Criminal Procedure Code. It found that the First Public Law Division is competent to handle appeals in criminal matters and that the new Criminal Procedure Code is applicable.
The Court reviewed the prerequisites for a judgment and found that they are met. It then examined the argumentation of the cantonal authorities and found that it is contradictory and not factually comprehensible.
The Court concluded that the defendant breached his…