Right of the private plaintiff to appeal against a penal order

Facts

The complainant, A., filed a criminal complaint against X. with the cantonal police of Aargau on 13 August 2012 for bodily harm and constituted herself as a public prosecutor. The public prosecutor's office of Baden sentenced X. with a penal order of 18 September 2012 to a fine of 100.- for bodily harm. A. appealed against the penal order in the points of guilt, sentence, and costs. The district court of Baden sentenced X. to a fine of Fr. 100.- for bodily harm and imposed the procedural costs of Fr. 1'812.- on X. and A. each by half. The high court of the canton of Aargau dismissed A.'s appeal in the points of costs and compensation and annulled the judgment of the district court of Baden.

A. requests with a complaint in criminal matters that the high court judgment be annulled and the matter be referred back to the previous instance for material assessment. She applies for free legal aid and representation.

Considerations

The Federal Court had to decide whether the private plaintiff, who has only constituted herself as a public prosecutor and does not assert any civil claims in the criminal proceedings, is entitled to appeal against a penal order as a further party in the point of guilt. The majority of the doctrine holds the view that the private plaintiff is entitled to appeal in the point of guilt, insofar as she can demonstrate a possible impact of the too mild legal qualification on her civil claims.

The Federal Court decided that the private plaintiff can have a legally protected…