Admissibility of a criminal appeal against an administrative fine

Facts

The appellant X. was fined 300 Swiss francs by the Office of the Attorney General of the Canton of Zurich because he had left the proceedings on his own authority during an interrogation as an informant. X. filed a criminal appeal against this decision.

The Federal Supreme Court takes up the appeal, as it is a formal final decision within the framework of a criminal investigation procedure, against which a criminal appeal is admissible pursuant to Art. 78 BGG. In terms of transitional law, the relevant lower instances in criminal matters are determined according to Art. 80 in conjunction with Art. 130 para. 1 BGG, according to which the Office of the Attorney General is to be regarded as the lower instance.

Considerations

The Federal Supreme Court examines whether the administrative fine against X. is to be classified as a "criminal charge" within the meaning of Art. 6 para. 1 ECHR. It concludes that this is a disciplinary measure that does not fall within the scope of Art. 6 para. 1 ECHR.

The classification of…