Facts
The complainant X. suffered serious injuries in a skiing accident in Wengen on March 4, 2010. He subsequently filed a criminal complaint against unknown perpetrators for negligent serious bodily injury against the safety officials of Company A AG and possibly Company B AG. However, the Public Prosecutor's Office of the Canton of Bern, Oberland Region, did not take up the case. X. contested this decision with a complaint to the High Court of the Canton of Bern, which was dismissed. Thereupon, X. filed a criminal complaint with the Federal Supreme Court.
Considerations
The Federal Supreme Court upholds the complaint and remands the case to the Public Prosecutor's Office for the opening of a criminal investigation. It states that in the event of incidents with serious consequences, such as serious bodily injury, an investigation is generally to be conducted if third-party criminal liability cannot be clearly excluded. In the present case, it is not certain that the elements of the offense of negligent…