Decision on the Right to Appeal in Traffic Accidents Involving Property Damage

Facts

The appellant [X.] was involved in a traffic accident with the motorcyclist [Y.] . [X.] suffered only property damage to his vehicle. He filed a criminal complaint against [Y.] for violations of the Swiss Road Traffic Act (SVG) and participated as a private plaintiff in the criminal proceedings. However, the Appeals Chamber of the High Court of the Canton of Aargau dismissed his appeal against the suspension of the proceedings against [Y.] .

[X.] then filed a criminal appeal with the Federal Supreme Court. The court first had to examine whether [X.] was entitled to participate in the criminal proceedings as a private plaintiff and thus also had the right to file a criminal appeal.

Considerations

The Federal Supreme Court concluded that [X.] cannot be considered a victim within the meaning of Art. 115 of the Swiss Criminal Procedure Code (StPO). While Art. 90 para. 1 SVG protects not only the general interest of traffic safety but also the physical integrity of road users, this does not apply to pure property damage, such as that suffered by [X.] . Such damages are merely indirect consequences of a violation of traffic regulations and do not…