Facts
The decision concerns a case in which the plaintiff, A.X. and B.X., filed a criminal complaint against Y. for traffic offenses and bodily harm. The Staatsanwaltschaft Rheinfelden-Laufenburg rendered a criminal judgment on June 29, 2011, condemning Y. to a conditional fine and a fine, while referring the civil claims to the civil court.
The plaintiffs appealed this judgment, requesting compensation for their defense costs. The court dismissed their appeal, considering that the plaintiff was not entitled to appeal the penal order.
The plaintiff then seized the Federal Court, which admitted their appeal and referred the case back to the court of first instance to rule on the compensation of defense costs.
Considerations
The Federal Court considered that the plaintiff who succeeds as a claimant in the criminal proceedings must be compensated for the costs of private defense in relation to the criminal complaint, in accordance with Article 433 of the Swiss Criminal Procedure Code (CrimPC).
The Court also considered that the plaintiff who is referred to act through the civil channel cannot be considered as having succeeded in their capacity…