Facts
On November 20, 2009, Y. (born 1941) fell on the right side of his head at the Center for Paraplegics and Brain Injured, Z. AG. He suffered a brain hemorrhage, the consequences of which led to his death after being admitted to the Cantonal Hospital Winterthur on November 21, 2009. Subsequently, the Cantonal Police of Zurich initiated an investigation. On January 11, 2010, the deceased's son, X., filed a criminal complaint against the medically responsible physicians and the nursing staff of Z. AG for negligent homicide. A criminal investigation opened by the Public Prosecutor's Office Winterthur/Unterland was discontinued by order dated April 18, 2011. The complaint filed against this by the complainant was dismissed by the Criminal Chamber III of the High Court of the Canton of Zurich with a decision dated December 14, 2011.
X. appealed the decision of the High Court with a complaint dated February 1, 2012 to the Federal Supreme Court.
Considerations
The Federal Supreme Court first examines its jurisdiction and the prerequisites for a substantive judgment on the complaint. It finds that the contested decision was issued within the period of court recess ("court holidays") and is therefore admissible.
On the merits, the Federal Supreme Court states that the principle of "in dubio pro duriore" flows from the principle of legality. This means that a discontinuation by the public prosecutor's office is only permitted in cases of clear lack of criminal liability or obvious lack of procedural prerequisites. In case of doubts about the participation in the…