Facts
The appellant, [A.] , was interviewed on 21 July 2015 as part of a criminal investigation and stated that she had been injured by two female police officers. A doctor from the Institute of Legal Medicine at the University of Basel examined her after the interview. The criminal police launched an investigation into abuse of authority and simple assault, but it was discontinued as there was no evidence of misconduct by the police officers.
The Court of Appeal of the Canton of Basel-Stadt dismissed [A.] 's appeal against the discontinuation decision and imposed an ordinary fine of CHF 200.-- on her for disrupting the proceedings, as she had not returned an original CD with video recordings. [A.] requested the Federal Court to overturn the judgment and exempt her from the ordinary fine.
Considerations
The Federal Court examined the appeal and found that the lower court had imposed the ordinary fine based on Art. 64 CrimPC. The appellant had not returned the original CD, despite being repeatedly requested to do so. The Federal Court found that the lower court had established the facts ex officio and that the appellant could not invoke the presumption of innocence, as it was a disciplinary measure and not a criminal offense.
The Federal Court also rejected the allegation of violation of the lower court's duty to provide…