No statute of limitations in the Baselbieter murder case of October 2000
Published: Tuesday, Oct 15th 2024, 12:20
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The suspect in a murder committed in 2000 in the canton of Basel-Landschaft will not be released from custody. According to the Federal Supreme Court, the 20-year limitation period applicable to the case has not yet expired. This was interrupted by the investigation.
Under the new law, the limitation period for murder is 30 years. When the homicide in question was committed, the limitation period was still 20 years and is applicable in this case.
The public prosecutor's office of the canton of Basel-Landschaft accuses the complainant of having shot a man in the head at close range on October 4, 2000 in order to steal two kilograms of cocaine from him. This is the result of a decision of the Federal Supreme Court published on Tuesday.
New forensic investigations led to urgent suspicion being placed on the complainant. He lived in Germany and was extradited to Switzerland last December.
Pre-trial detention extended several times
He has been in custody since then. A request for release was rejected by the court responsible for compulsory measures, whereupon the person concerned took legal action. He argues that the limitation period has expired.
The Federal Supreme Court takes a different view. In a leading decision, it specifies which investigative acts interrupt the limitation period.
It is not decisive whether an act was directed against an identified or at least identifiable accused person. The decisive factor is whether the criminal authorities are thereby taking the proceedings one step further and actively advancing a case. (Judgment 7B_915/2024 of 1.10.2024)
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