Facts
The complainant [X.] was convicted by the Federal Gaming Board for violating the Federal Act on Games of Chance and Casinos (Art. 56 para. 1 lit. a SBG) and fined 4000 francs. The complainant had operated gaming machines in his club that are only permitted in licensed casinos. The complainant requested a court judgment and was convicted by the Basel-Landschaft Criminal Court for violating the Casino Act and fined 2000 francs. The Basel-Landschaft Cantonal Court dismissed the complainant's appeal and confirmed the first-instance judgment.
The complainant filed a criminal complaint, arguing that the alleged violation was time-barred. He argued that the five-year statute of limitations for violations under the Casino Act had not been interrupted under the old law and therefore corresponds to an absolute deadline. The complainant was of the opinion that the alleged violations had become time-barred under the old statute of limitations in effect at the time of their commission.
Considerations
The Federal Court examined the statute of limitations for the violation and came to the conclusion that the five-year statute of limitations for violations under the Casino Act can be interrupted under the old law. The court found that the statute of limitations had been interrupted several times and that the alleged violations were therefore not time-barred.
The Federal Court also examined the question of whether the new statute of limitations is milder than the old law. It came to the conclusion that the new statute of limitations is not milder and that therefore the old law applies. The court found that the alleged violations were not time-barred under the old law.
The Federal Court also rejected the complainant's objection that he had never had the opportunity to exercise the rights of the defense in an…