Facts
The case concerns the question of whether a valid criminal complaint existed despite the victim's lack of interest in criminal prosecution, and whether the criminal proceedings against the appellant had to be continued.
The District Court of Winterthur had found the appellant guilty of various offenses such as gang-related and commercial theft, property damage, trespassing, attempted fraud, forgery of documents, and driving without a license, and sentenced him to a custodial sentence of 42 months. The appellant appealed against this judgment.
In his appeal to the Federal Supreme Court, the appellant requested that the convictions for trespassing and property damage be overturned and the proceedings be discontinued in this respect due to the lack of valid criminal complaints.
Considerations
The Federal Supreme Court dismissed the appeal, insofar as it was considered.
The court stated that an oral criminal complaint can also be recorded in a police report. A police report in which it is noted that a criminal complaint has been filed is to be qualified as a document within the meaning of Art. 110 para. 4 of the Swiss Criminal Code. The signature of the reporting police officer is not mandatory, the decisive factor is that the report indicates who authored it.
Furthermore, the court clarified that the waiver of the status as a private…