Facts
The Public Prosecutor's Office I of the Canton of Zurich filed an indictment with the District Court of Horgen against [A.] on December 22, 2020. In a submission dated December 24, 2020, the accused filed a request for recusal against the prosecuting public prosecutor Adrian Kägi, which the District Court dismissed as unfounded on May 11, 2021. [A.] appealed against this decision to the Federal Supreme Court in criminal matters.
The Federal Supreme Court set aside the decision of the District Court of Horgen dated May 11, 2021 and referred the matter to the High Court of the Canton of Zurich for a new decision on the grounds of jurisdiction.
Considerations
The Federal Supreme Court found that according to the clear wording of Art. 59 para. 1 lit. b CPC, the appellate court and not the court of first instance must decide on the request for recusal against the public prosecutor. A deviation from the wording of the law would only be permissible if there were compelling reasons why the wording does not reflect the "true meaning" of the regulation.
However, the Federal Supreme Court did not see any such reasons, as the jurisdictional regulation in Art. 59 para. 1 lit. b CPC is also based on substantive aspects, such as ensuring an independent assessment of recusal issues and a…