Facts
In these criminal proceedings, the public prosecutor's office demanded that the substitute measures ordered by the compulsory measures court be revoked and that the substitute measures requested by the public prosecutor's office be ordered instead. The Cantonal Court of Schwyz rejected this and stated that the public prosecutor's office was not allowed to inform the victim or their legal representative about the proceedings before the compulsory measures court.
The private prosecutor, the victim of the criminal proceedings, filed a complaint against the decision of the Cantonal Court, as she had been denied access to the files of the detention review proceedings.
Considerations
The Federal Supreme Court decided that the private prosecutor, as a party to the criminal proceedings, is generally entitled to access the files of the detention review proceedings, which form part of the criminal proceedings. There were no apparent reasons for restricting this right of access to the files.
According to the Code of Criminal Procedure, the victim is generally entitled to be informed about the imposition and revocation of investigative or security detention.…