Facts
C. AG, the owner of a property in Zurich, filed a criminal complaint against A. and B. for trespass, after the property was occupied on February 12, 2018 and A. and B. were present in an office on the third floor without authorization. D. GmbH had a lease with C. AG until December 31, 2017, but continued to use the premises on the third floor and had not yet moved out on February 12, 2018. D. GmbH did not file a criminal complaint against A. and B.
A. and B. were subsequently convicted of trespass by the District Court of Zurich and the High Court of the Canton of Zurich. They filed an appeal with the Federal Supreme Court, requesting that the judgments be overturned and the proceedings be discontinued.
Considerations
The Federal Supreme Court dismissed the appeals. It stated that the owner of a property who has rented out the premises to a tenant is entitled to file a criminal complaint for trespass against third parties who are present in the premises without authorization, after the termination of the lease and if the former tenant has not vacated the premises.
The Federal Supreme Court clarified that the principle of subsidiarity of criminal law, according to which the landlord cannot file a…