Non-admission of the appellant as a private prosecutor in the criminal proceedings

Facts

On March 8, 2019, the Department of Economics and Interior of the Canton of Aargau, Office for Economy and Labor (AWA), filed a criminal complaint against [A.] for unlawful receipt of unemployment insurance benefits in the amount of CHF 25,895.05. The AWA wanted to participate as a private prosecutor in the proceedings, which the Public Prosecutor's Office Muri-Bremgarten, however, rejected. The High Court of the Canton of Aargau confirmed this decision, whereupon the AWA filed an appeal in criminal matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It justified this by stating that the public unemployment insurance fund, as an administrative body acting in a sovereign capacity, cannot be admitted as a private prosecutor within the meaning of Art. 115 para. 1 of the Swiss Criminal Procedure Code (CPC). The fund is not directly violated in its own rights by the unlawful receipt of benefits, as it merely administers the operating capital in a fiduciary capacity, while the compensation fund remains the owner of the funds.

Furthermore, the Federal Supreme Court stated that the public interests in the criminal prosecution and conviction of the accused in the criminal proceedings are represented by the public prosecutor's office. Other administrative units such as the…