Facts
The case concerns the criminal appeal of plaintiff X. against the decision of the High Court of the Canton of Lucerne to not enter into his appeal against the discontinuation of criminal proceedings against his wife Y. The Federal Supreme Court upholds the appeal.
On August 26, 2010, X. filed a criminal complaint against his wife [Y.] for false accusation. At the same time, he asserted civil claims. The Lucerne District Prosecutor's Office discontinued the criminal proceedings against [Y.] and did not enter into X.'s civil claims. X. filed an appeal against this decision to discontinue, which the High Court of the Canton of Lucerne, however, did not consider, as X. was neither constituted as a private prosecutor nor entitled to victim status under the Victim Assistance Act.
Considerations
The Federal Supreme Court states that according to the revised version of Art. 81 para. 1 lit. b no. 5 BGG, which entered into force on January 1, 2011, the private prosecutor is granted a legally protected interest if the contested decision can affect the assessment of their civil claims.
The Federal Supreme Court upholds the previous practice that the victim must, as far as reasonable, assert their civil claims in the criminal proceedings in order to be entitled to…