Facts
The complainants, [A.A.] and [B.A.] , are owners of a property that they inhabit together. The neighbor, [C.] , had the hedge located on the boundary of the two plots of land cut back on June 16, 2018. The hedge is co-owned by the two parties. The complainants filed a criminal complaint against [C.] and other parties involved for property damage, trespassing, and violation of the private sphere through recording devices. The public prosecutor's office discontinued the criminal proceedings, and the complainants filed complaints against these decisions.
The complainants constituted themselves as civil and criminal plaintiffs and claimed damages and satisfaction. They argued that the discontinuation of the criminal proceedings endangered their property and home rights.
Considerations
The Federal Court examined the admissibility of the complaint and found that the complainants, in their role as civil plaintiffs, have the right to appeal to the Federal Court. The court assesses the admissibility of the complaint ex officio and with free cognition.
The Federal Court stated that the complainants, as private plaintiffs, have a legally protected interest if the contested decision may affect the assessment of their civil claims. The private prosecution has such an interest if the contested decision may influence the assessment of their civil claims.
However, the court found that the complainants had not demonstrated how the discontinuation of the criminal proceedings would…