Facts

The appellant [A.] filed a criminal complaint against [B.] on 17 May 2014 for repeated threats. On the same day, she signed the separate form "Private Prosecution" waiving her party status as a private prosecutor in the criminal proceedings. On 20 May 2014, her legal representative informed the public prosecutor's office that she wished to constitute herself as a private prosecutor. The District Court President then determined that the appellant was not legitimised as a private prosecutor, as she had definitively and without defect of will waived her party status on 17 May 2014. The appellant filed a complaint against this decision, which was dismissed by the High Court of the Canton of Aargau. The appellant then appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court held that the appellant had effectively and definitively waived her party status as a private prosecutor on 17 May 2014. The forms "Criminal Complaint" and "Private Prosecution" used were sufficiently clear for a lay person, so that the…