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Novic v Public Prosecutor of Basel-Stadt

International Law Reports Cited in Precedent Map Related
JurisdictionSuiza
Date27 octobre 1955
CourtCourt of Cassation (Switzerland)
Switzerland, Court of Cassation.
Novic
and
Public Prosecutor of the Canton of Basel-Stadt.

Extradition — Conditions of — Principle of Speciality — Limit of Time during which Prosecution for Another Crime Prohibited — Jurisdiction — Offences Committed Abroad — Offences Committed in One Country with Effect in Another.

The Facts.—The appellant was in May 1948 sentenced to ten months' imprisonment in Basel-Stadt, but escaped to France before serving the sentence. In 1950 he wished to renew his Swiss passport, but as a fugitive from justice was unable to do so through the normal channels. He accordingly persuaded a former official of the passport office in Basle, one Buser, whom he had invited to France for the purpose, to ask an official of that office to renew the passport. At the instance of Buser, an official named Frei on September 17, 1950, placed the necessary official stamps on the passport. The required indications on the passport were then completed in France, in particular by the addition of the signature of the head of the passport office.

In August 1952 the appellant was extradited from France to Switzerland for the purpose of serving the sentence imposed on him in 1948. He was conditionally released...

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