Facts
The complainant X. was medically treated at the Clinic Y. in Lucerne and filed a criminal complaint on May 3, 2010 for serious bodily harm caused by the responsible medical personnel. The Lucerne District Bailiff's Office definitively discontinued the initiated criminal investigation on July 23, 2010 due to the lack of a punishable act. The complainant as a private prosecutor filed an appeal against this discontinuation order with the Public Prosecutor's Office of the Canton of Lucerne.
The High Court of the Canton of Lucerne dismissed the appeal on January 26, 2011. Thereupon, the complainant appealed to the Federal Supreme Court with a complaint dated March 17, 2011 and requested the annulment of the contested decision.
Considerations
The Federal Supreme Court concluded that the definitive discontinuation of the criminal proceedings by the investigating authorities is unlawful under federal law. There are indications of serious, long-term health damage to the detriment of the complainant due to a significantly increased cancer risk (caused by genetic damage).
The assessment of the evidence by the cantonal instances as well as their rejection of further investigative measures appear to be factually incomprehensible. Further…