Facts
The decision concerns a case in which the X.-Stiftung, the Arbeitslosenkasse of the canton of Zug, and the Y. GmbH filed a complaint against A. for offenses committed against the [B. AG], a company in bankruptcy. The claimants received an assignment of claims from the bankruptcy estate of the [B. AG] under art. 260 DEBA. The court of first instance dismissed the complaint for certain charges, and the claimants appealed to the cantonal court, which upheld the decision of the first instance.
The claimants then filed a criminal appeal with the Federal Court, arguing that they had standing to act as injured parties and private claimants under art. 115 CrimPC. They claimed that the assignment of claims had conferred on them the status of injured parties and that they should be allowed to participate in the criminal proceedings.
Considerations
Notion of injured party: The Federal Court recalled that the notion of injured party is defined in art. 115 para. 1 CrimPC, which requires that the injured party has been directly affected in their rights by the commission of an offense. The Court confirmed its case law according to which only the holders of the legally protected or co-protected asset are considered injured parties.
Application to shareholders and corporate creditors: The Court applied this notion to shareholders and corporate creditors, deciding that they are not directly injured when an offense is committed against a company's assets. Shareholders and corporate creditors are not considered injured parties within the meaning of art. 115 CrimPC, as they are not the direct holders of the legally protected asset.
Assignment of claims and status of injured party: The Court examined the question of whether the assignment of claims under…