Facts
On November 12, 2005, there was a physical altercation between H.C. and E.A. The District Court of Zurich found H.C. guilty of simple assault and sentenced him to an unconditional fine. E.A. was found guilty of simple assault and property damage and sentenced to a suspended fine.
Both defendants appealed. At the oral appeal hearing, the parties reached an agreement whereby H.C. and E.A. declared their mutual disinterest in further criminal prosecution, E.A. paid H.C. 2,000 francs as compensation for their mutual claims for damages and satisfaction, and each defendant bore the costs of their own criminal proceedings.
The High Court of the Canton of Zurich took note of this agreement and dismissed both criminal proceedings as settled, applying Article 53 of the Swiss Criminal Code. The Office of the Attorney General of the Canton of Zurich appealed against this decision.
Considerations
The Federal Supreme Court held that the lower court had violated Article 53 of the Swiss Criminal Code by dismissing the criminal proceedings as settled. A dismissal on the grounds of reparation is excluded by federal law in court proceedings.
Under Article 53 of the Swiss Criminal Code, the competent authority may refrain from prosecution, referral to the court, or punishment if the damage is covered or sufficient efforts have been made to compensate the wrong. Depending on the stage of the proceedings, reparation has different effects:
- If the wrong is immediately compensated, the investigating authority may refrain from prosecution.
- If the prosecution is already underway, the public prosecutor may discontinue the proceedings or refrain from referring the case to the…