Facts
On the evening of May 25, 2009, a dispute occurred between X. and his wife in their shared apartment. The wife alerted the police, whereupon a special unit of the Aargau Cantonal Police stormed the apartment. During the incident, a member of the special unit used a Taser against X., and another member fired two shots at X., who was subsequently injured.
Due to this incident, the former District Office of Bremgarten opened a criminal proceeding against the members of the special unit on suspicion of bodily harm (criminal proceeding "Argus") and a separate criminal proceeding against X. on suspicion of violence and threats against officials, as well as attempted grievous bodily harm (criminal proceeding X.).
With the entry into force of the Swiss Criminal Procedure Code on January 1, 2011, the two criminal proceedings were assigned to the newly established Public Prosecutor's Office of Muri-Bremgarten.
Considerations
The Federal Supreme Court decided that the two criminal proceedings "Argus" and X. are to be conducted by a single prosecutor, as there is a close factual connection between the criminal acts alleged against the police officers and X.
Pursuant to Articles 29 and 33 of the Swiss Criminal Procedure Code (CPC), criminal offenses must be prosecuted and adjudicated jointly if there is co-perpetration or participation. While X. is neither a perpetrator nor a participant in the criminal offenses alleged against the…