Facts
The appellant [A.] challenged the non-prosecution of the criminal proceedings by the public prosecutor's office and the refusal to grant compensation and satisfaction in the non-prosecution proceedings. The lower court, the High Court of the Canton of Zurich, dismissed the appeal.
The facts were as follows: The Psychiatric Clinic [B.] had informed the public prosecutor's office that a patient had stated that the appellant had sent her a video of her five-year-old son, in which he had repeatedly asked the boy to pull down his pants and hold his bare buttocks to the camera. The public prosecutor's office therefore did not take up the criminal investigation, as the police investigations had not revealed sufficient concrete suspicion of an offense.
Considerations
The Federal Supreme Court confirmed the decision of the lower court. It stated that the public prosecutor's office had rightly ordered the non-prosecution, as there was no sufficient suspicion of an offense. It was not necessary to discontinue the proceedings, as no investigative actions had yet been carried out.
With regard to compensation and satisfaction, the Federal Supreme Court found that the lower…