Facts
On 27 November 2015, the Public Prosecutor's Office of Winterthur-Unterland discontinued the criminal proceedings against A. for fraud and forgery of documents. On 17 December 2015, X. GmbH filed a complaint against this, whereupon the High Court of the Canton of Zurich did not enter into the matter on 4 March 2016, as the required security had not been provided in time.
X. GmbH filed a criminal complaint against the decision of the High Court. The Federal Supreme Court upheld the complaint.
Considerations
According to Art. 91 para. 5 CrimPC, the deadline for a payment to a criminal authority is met if the amount is debited from the payer's postal or bank account at the latest on the last day of the deadline. The burden of proof for the timely provision of security lies with the private prosecutor.
The lower court had not requested the appellant to provide proof of the timely provision of security, although the security was credited to the account of the High Court's cashier only one banking day after the expiry of the deadline. The Federal Supreme Court decided that the…