Questão jurídica principal
Whether the three-year limitation period in § 153(2) BauG is ordinary or absolute prosecution limitation
Decisão extraída
The three-year period is the ordinary limitation period for prosecution; the absolute limitation period is calculated under Art. 72 Ziff. 2 StGB and is six years.
Fundamentação extraída
Under § 1 EG StGB, the general provisions of the Criminal Code apply to cantonal criminal law unless expressly excluded. Systematically, ordinary limitation periods are fixed in a concrete number, whereas absolute limitation periods are derived as a multiple of the ordinary period. Teleologically, building matters often involve lengthy projects, justifying a longer ordinary period.