Dismissal of the Victim's Appeal against the Application of Art. 53 of the Swiss Criminal Code

Facts

A. filed a criminal complaint against B. on March 3, 2008 for neglect of maintenance obligations. The Public Prosecutor's Office discontinued the investigation on July 18, 2008. A. filed an appeal, which the High Court of the Canton of Zurich dismissed on April 27, 2009 based on the application of Art. 53 of the Swiss Criminal Code.

A. filed a criminal appeal to the Federal Supreme Court, requesting the annulment of the contested decision and the remand of the case to the lower instance for a new assessment.

Considerations

The Federal Supreme Court does not enter into the appeal, as A. as a simple victim is not entitled to file a criminal appeal. According to the case law, a victim who is not a victim within the meaning of the Victim Assistance Act has no legally protected interest in the punishment of the perpetrator.

In the case of reparation under Art. 53 of the Swiss Criminal Code, the authorities have the discretion to decide whether the perpetrator has covered the damage or made all reasonable efforts to compensate the wrong. The consent of the victim is not required for this. Therefore, Art. 53 of the Swiss Criminal Code does not give rise to a…