Facts
On December 25, 2018, [C.] , who had spent the night at a Christmas party, was stopped by the police and temporarily detained. Due to a positive drug test, Dr. med. [B.] was called in to assess [C.] 's fitness for detention, which he attested. On December 26, 2018, [C.] was found dead in a police cell.
The Public Prosecutor's Office then opened an investigation and initiated proceedings against [B.] for negligent homicide by omission. However, the Public Prosecutor's Office discontinued the proceedings against [B.] as it could not be said with sufficient certainty that an alternative course of action by [B.] could have prevented the deceased's death.
Considerations
The Federal Supreme Court examined whether the criminal proceedings against [B.] were rightly discontinued. It concluded that the Public Prosecutor's Office and the lower court had correctly discontinued the proceedings.
The forensic report and the statements of the expert witness were conclusive and did not allow any conclusions to be drawn about a breach of the duty of…