Facts
The appellant [X.] and his wife [A.] accused each other of insults, physical attacks, and minor bodily harm. They filed mutual criminal complaints at the end of May/beginning of June 2015, after which they were each interviewed by the police twice. By order dated March 3, 2016, the Public Prosecutor's Office of the Canton of Fribourg discontinued the criminal proceedings against both and referred the claims for satisfaction to the civil courts.
[X.] appealed against the order to discontinue the proceedings, which the Cantonal Court of Fribourg dismissed on May 17, 2016. Thereupon, [X.] filed an appeal in criminal matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court considers the appeal to be unfounded. The lower court denied a sufficient suspicion of an offense, as the statements of the appellant were partially contradictory and incomprehensible. The submitted medical reports did not provide any evidence of the alleged physical attacks by the wife. Under these circumstances, the discontinuation of the proceedings by the Public Prosecutor's Office was not objectionable.
The Federal Supreme Court states that the Public Prosecutor's Office and the lower court have a margin of discretion in assessing whether there is a sufficient suspicion of an offense. The Federal Supreme Court reviews their decision with restraint. As long as the Public Prosecutor's Office concludes at the end of the investigation that the criminal allegation has not been proven and a conviction is out of the question, it must discontinue the…