Facts
On January 6, 2005, X. filed a criminal complaint for defamation against Zuger Regierungsrat A., the legal representative of the Zuger Sicherheitsdirektion, attorney B., and against unknown persons. On May 19, 2005, X. informed the Friedensrichteramt that he "waived" the initiation of criminal proceedings against Regierungsrat A. The Untersuchungsrichteramt pointed out to X. that the withdrawal of the criminal complaint against A. also applied to the other accused persons pursuant to Art. 31 para. 3 of the Swiss Criminal Code (StGB). Thereupon, the Untersuchungsrichteramt discontinued the proceedings. X. filed a constitutional appeal and a federal nullity appeal against this.Considerations
The Federal Court dismissed the appeals. It stated that the principle of indivisibility of the criminal complaint pursuant to Art. 30 StGB prevents the injured party from punishing only one of the participants. If the entitled person withdraws the criminal complaint against one of the accused, the withdrawal applies to all accused persons (Art. 31 para. 3 StGB). Exceptions to this rule, as partially demanded in…