Key legal question
Whether § 27 Abs. 3 lit. b GesG/BS creates an Art. 171 Abs. 2 lit. a StPO duty allowing disclosure and unsealing of psychiatric records
Extracted holding
No. The cantonal provision is broader than a mere reporting duty and cannot override the federal rules protecting medical secrecy and sealed records.
Extracted reasoning
Art. 171 StPO permits disclosure only where a true statutory reporting duty exists or a release from confidentiality was granted. Cantonal law may not eliminate the federal doctor-patient privilege or create a general duty to hand over all patient records in criminal investigations.