Acquittal of the appellant from the charge of fraud

Facts

The appellant, who considers himself a victim of the fraud alleged by him and prosecuted by the public prosecutor's office, has filed an appeal in criminal matters against the judgment of the lower court. The lower court had acquitted the respondent 1 of the charge of fraud and consequently did not enter into the appellant's claim for damages.

The appellant argues that as a victim, he is entitled to appeal in criminal matters on the criminal guilt issue and the civil issue. He argues that his case differs from that in BGE 133 IV 228, as this is about an acquittal and not a discontinuance of proceedings, and that the denial of his right to appeal violates the principle of equality before the law and the right to a fair trial.

Considerations

The Federal Court confirms that the victim, who is not a victim within the meaning of the Victim Assistance Act, is not entitled to appeal in criminal matters on the criminal guilt issue. This follows from the legislative history and the wording of Art. 81 para. 1 BGG, which essentially continues the previous regulation under Art. 270 BStP in the version of 23 June 2000.

The Federal Court states that the victim is not entitled to appeal in criminal matters on the guilt issue, as he lacks a legally protected interest within the meaning of Art. 81 para. 1 lit. b BGG, since the criminal claim belongs solely to the state. This applies regardless of whether it is an acquittal or a discontinuance of proceedings.