Discontinuation of criminal proceedings against the accused for sexual acts with a child

Facts

The case concerns a 17-year-old accused (Respondent 2) who was suspected of having committed sexual acts with a child (the Appellant). The mother of the Appellant filed a criminal complaint against Respondent 2 on April 23, 2015. The Juvenile Prosecutor's Office of the Canton of Thurgau ordered the discontinuation of the criminal proceedings against Respondent 2 on March 6, 2017. The Appellant filed an appeal against this decision, which the High Court of the Canton of Thurgau dismissed on June 29, 2017.

Considerations

The Federal Supreme Court concluded that the police interrogation of Respondent 2 on April 28, 2015 without the presence of a defense counsel was inadmissible, as Respondent 2 was already suspected of committing a criminal offense at that time, and thus a case of mandatory defense applied. The Federal Supreme Court considered the subsequent confession of Respondent 2 to be absolutely unusable.

However, with regard to the assessment of the remaining evidence, the Federal Supreme Court concluded that the lower court had rightly ordered the discontinuation of the proceedings, as there was…