Facts
The appellant [X.] was charged by the Public Prosecutor's Office of the Canton of Basel-Landschaft for neglect of maintenance obligations (Art. 217 SCC). The Arlesheim District Office subsequently convicted him by penal order dated 4 May 2009 to a fine of 90 daily rates at CHF 160.-, suspended on probation for two years, and a fine of CHF 1,500.-. [X.] filed an objection to the penal order, whereupon the Criminal Court Presidency of Basel-Landschaft on 23 April 2010 found him guilty of multiple neglect of maintenance obligations and sentenced him to a fine of 20 daily rates at CHF 50.-, suspended on probation for two years. The Cantonal Court of Basel-Landschaft upheld this judgment, but refrained from imposing a penalty under Art. 53 SCC.
[X.] then filed a criminal law appeal with the Federal Supreme Court. He requested that the judgment of the Cantonal Court be set aside and the criminal proceedings against him be definitively discontinued. Alternatively, he should be acquitted of any guilt.
Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the objective elements of Art. 217 SCC were fulfilled, as [X.] had paid the maintenance contributions in full, but always late, although he had the necessary financial means. The subjective elements were also fulfilled, as [X.] had been aware of his obligation to perform.
The Federal Supreme Court further stated that the time limit for…