Facts
The appellant suffered only property damage to his vehicle in a traffic accident. He filed a criminal complaint against the other party involved in the accident for violation of traffic regulations and requested to participate as a private prosecutor in the criminal proceedings. The lower court dismissed his appeal, as he did not qualify as a victim within the meaning of Art. 115 para. 1 CrimPC. The FSCA upheld this decision.Considerations
The FSCA states that according to established case law and prevailing doctrine, traffic regulations primarily protect the smooth flow of traffic, but only indirectly protect individual legal interests such as physical integrity, life, and property. Therefore, a person who has suffered only property damage in a traffic accident is not directly violated in their rights and thus not a victim within the meaning of Art. 115 para. 1 CrimPC. Consequently, they cannot participate as a private prosecutor in the criminal proceedings.
The FSCA does not see an expansion of victim status to persons who have suffered only property damage as appropriate. The legislator has tied the current regulation to the previous practice and has not…