Facts
The Federal Court had to rule on a complaint in criminal matters filed by [A.] , a Romanian national, against the decision of the High Court of the Canton of Bern, Chamber of Appeals in Criminal Matters, of 24 January 2020. The subject of the proceedings was the separation of the criminal proceedings against [C.] , a co-defendant, by the Public Prosecutor's Office of the Canton of Bern.
[A.] , [B.] , [C.] , and [D.] were accused of suspected theft, property damage, and trespassing. The Public Prosecutor's Office separated the proceedings against [C.] on 11 November 2019, which [A.] challenged with a complaint.
The High Court dismissed the complaint, and [A.] appealed to the Federal Court. The Attorney General's Office of the Canton of Bern, [B.] , [C.] , and [D.] had the opportunity to comment on the complaint.
Considerations
The Federal Court first examined whether the complaint was admissible. It found that the complaint in criminal matters was permissible under Art. 78 para. 1 FSCA and that the complainant was entitled to appeal.
The court then addressed the complainant's objection that the lower court's finding that [C.] was confessing was obviously incorrect. However, it found that the lower court had determined without arbitrariness that [C.] had confessed to 17 out of 19 burglaries and did not seriously contest the other two.
The Federal Court also examined the complainant's objection that the separation of the proceedings violated Art. 30 CrimPC. It found that the separation of the…