Facts
The complainant [A.] had filed a criminal complaint against Dr. med. [B.] for defamation and breach of professional secrecy on 22 November 2016. The Zurich-Limmat Public Prosecutor's Office did not initiate a criminal investigation, which the High Court of the Canton of Zurich partially overturned and referred the case back to the Public Prosecutor's Office for further investigation. On 7 September 2018, the Public Prosecutor of the Canton of Zurich granted the complainant free legal aid and appointed lawyer Markus Bischoff as his free legal representative. After the Public Prosecutor's Office discontinued the criminal proceedings, the complainant filed a complaint with the High Court and requested that he be granted free legal aid and that lawyer Markus Bischoff be appointed as his free legal representative. The President of the III. Criminal Chamber of the High Court rejected the request due to lack of sufficient substantiation and ordered the complainant to pay a procedural caution of CHF 2,000.
Considerations
The Federal Court examined the admissibility of the complaint and came to the conclusion that the complaint is admissible in criminal matters and that the complainant is entitled to file a complaint. The Court found that the lower court was justified in requesting a new application for free legal aid and representation for the complaint proceedings, as the financial situation and the prospects and risks of the proceedings can change during the course of the proceedings.
The Court also pointed out that the complainant had not fulfilled his obligation to provide reasons, as he did not explain which civil claim he intended to assert and why it was not without prospects of success. The lower court had therefore rightly requested a new application for free…