Facts
On December 9, 2018, a physical altercation occurred at the [U.] train station between [A.] (appellant), [B.] (respondent 2), and [C.] (respondent 3). Based on the complaints filed by [A.] and [B.] , the Public Prosecutor's Office of the Canton of Valais filed charges against [A.] , [B.] , and [C.] on March 2, 2021 for brawling, attempted and completed simple assault, and threat.
The District Court of Leuk and Westlich Raron acquitted [A.] of the charges of brawling, simple assault, and threat, convicted [B.] of brawling and multiple counts of simple assault, and convicted [C.] of brawling. [B.] and [C.] appealed.
The Cantonal Court of Valais found [B.] guilty of brawling and multiple counts of simple assault, and sentenced him to a suspended fine. It convicted [A.] of brawling and sentenced him to a suspended fine. It acquitted [C.] of the charge of brawling.
Considerations
The Federal Supreme Court held that respondents 2 and 3 had duly and validly constituted themselves as private prosecutors (criminal and civil claims). There is no legally valid waiver of their status as private prosecutors. The lower court therefore violated federal law by assuming that respondents 2 and 3 had waived their rights with regard to the offenses listed in the criminal complaint and wrongly did not consider their appeals against the acquittals concerning simple assault, physical assault, and threat.
Regarding the charge of…