Facts
The Federal Supreme Court decided in this case on the question of whether a simple member of an association is entitled to file a criminal complaint, as well as on the intent to enrich in robbery.
The appellant [X.] was convicted by the Cantonal Court of Bern for robbery, property damage, trespass, and minor theft. He filed a complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court stated that according to the case law, the board of the association, usually the president, has the right to file a criminal complaint. A simple member of the association is not entitled to do so, unless he acts within the framework of at least a de facto organ or agency relationship. In the present case, the appellant was merely acting as a "hut warden" and "jack-of-all-trades", which does not establish the right to file a criminal complaint.
Regarding the intent to enrich in robbery, the Federal Supreme Court found that this is to be affirmed in the present case. Even though the appellant had obtained the robbed fan articles not for the purpose of enrichment, but for provocation and humiliation of the opposing fans, a potential intent to enrich is sufficient for…