Right to Access Files for a Third Party in Criminal Proceedings

Facts

The appellant [X.] is a pension fund expert accused in a liability proceeding against him before the Administrative Court of the Canton of Zug. This proceeding is connected to a criminal case against [A.] , [B.] and [C.] for qualified misappropriation as responsible foundation board members and managing directors of the "BVG Collective Foundation of [D.] ". The appellant requested access to the files of this criminal case from the High Court of the Canton of Zug, which the High Court however rejected.

Considerations

The Federal Supreme Court overturns the decision of the High Court and instructs it to grant the appellant access to the files. The Federal Supreme Court justifies this by stating that the appellant, as the defendant in the liability proceeding, has a legitimate interest in accessing the criminal files. Since the outcome of the criminal case can affect the civil liability claims that the BVG Guarantee Fund is asserting in the liability proceeding, the appellant must have the opportunity to exercise his party rights in the liability proceeding, which requires access to the relevant files.

The Federal Supreme Court further states that there are no overriding interests in confidentiality that would oppose the appellant's interest in accessing…