Violation of Official Secrecy and Breaches of Building Law - Admissibility of the Neighbor's Complaint

Facts

The appellant [X.] filed a criminal complaint against several persons for abuse of office, breach of official duty, violation of official secrecy, as well as violations of the Forest and Building Act. The cantonal public prosecutor's office discontinued the proceedings and did not initiate a criminal investigation against the other accused persons. [X.] filed a complaint against this decision, which the Cantonal Court of Schwyz did not accept for consideration.

[X.] then filed a criminal complaint with the Federal Supreme Court. He claimed that his rights had been violated by the alleged breaches of building law and the violation of official secrecy. The lower court had denied [X.] 's right to file a complaint.

Considerations

The Federal Supreme Court states that [X.] is generally entitled to file a complaint regarding the offense of abuse of office (Art. 312 SCC) and the violation of the cantonal Building Act (§ 92 PBG). The provisions of building law serve not only the protection of public interests, but can also serve the protection of neighbors. Since [X.] was the owner of the property concerned at the time of the contested actions, he is affected in his rights as a neighbor.

However, the Federal Supreme Court denies [X.] the right to file a complaint regarding the offenses of favoritism (Art. 305 SCC) and breach of official duty (Art. 314 SCC), as these norms do not protect…