Facts
Parties: Dachverband Berner Tierschutzorganisationen (appellant), Public Prosecutor's Office of the Canton of Bern and X. (respondents)
Court: Federal Supreme Court, Criminal Law Division
Date: June 14, 2018
Facts:
By order of July 12, 2016, the Regional Public Prosecutor's Office Emmental-Oberaargau discontinued the criminal proceedings against X. for violation of the Animal Welfare Act. The Dachverband Berner Tierschutzorganisationen filed a complaint against the discontinuance order, as it considered the discontinuance unlawful. The Higher Court of the Canton of Bern did not admit the complaint, whereupon the Dachverband Berner Tierschutzorganisationen filed an appeal in criminal matters with the Federal Supreme Court.
Considerations
The appellant alleges a violation of Art. 46 para. 3 and Art. 47 para. 2 Cst., as well as Art. 104 para. 2 CrimPC. He argues that private entities in their capacity as authorities can be granted party status in criminal proceedings, regardless of whether they are organized under public or private law. The lower court holds the view that only authorities in the strict sense can be granted party rights and that private organizations do not fall under the concept of authorities.
The Federal Supreme Court states that the term 'authority' under Art. 104 para. 2 CrimPC is generally to be understood in a narrow sense. Decisive is that the organization has been entrusted with the fulfillment of a public law task, that it has sovereign powers, that its business and accounting are under state supervision, and that its activities are…