Facts
The case concerns the discontinuation of criminal proceedings by the Public Prosecutor's Office after the applicant [X.] did not personally attend the scheduled conciliation hearing, but was represented only by his legal counsel. The lower court, the High Court of the Canton of Zurich, had dismissed [X.] 's appeal against the discontinuation of the proceedings.
On June 26, 2012, [X.] had filed a criminal complaint against [Y.] for threat and assault/bodily harm. The Public Prosecutor's Office in Winterthur/Unterland had summoned [X.] and [Y.] to a conciliation hearing on October 31, 2012. However, [X.] did not appear in person, but was represented by legal counsel. Thereupon, the Public Prosecutor's Office discontinued the proceedings on November 14, 2012, as it considered [X.] 's absence as a withdrawal of the criminal complaint.
[X.] appealed against this discontinuation of the proceedings, which was dismissed by the High Court of the Canton of Zurich on March 1, 2013. Subsequently, [X.] filed an appeal in criminal matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that according to the clear wording of Article 316(1) of the Swiss Code of Criminal Procedure (CCP), the applicant has a "factual obligation to appear" for the conciliation hearing, and representation is excluded. The purpose of the conciliation hearing is to find an out-of-court solution between the parties, which requires direct confrontation and personal…