Facts
The case concerns a collision between a car and a bicycle, in which the cyclist was injured. The Public Prosecutor's Office of the Canton of Basel-Stadt brought charges against the driver for negligent bodily harm under Art. 125 para. 1 of the Swiss Criminal Code (StGB). The Single-Judge Criminal Court of the Canton of Basel-Stadt subsequently convicted the driver of a suspended fine. Both the driver and the cyclist appealed, and the Court of Appeal of the Canton of Basel-Stadt upheld the first-instance judgment.
The driver then filed a criminal law appeal with the Federal Supreme Court. He argued that there was no valid criminal complaint within the meaning of Art. 30 StGB, and therefore his conviction was contrary to federal law.
Considerations
The Federal Supreme Court upheld the appeal. It stated that for the offense of negligent bodily harm under Art. 125 para. 1 StGB, a criminal complaint is required. However, the files did not show that the cyclist had expressed her unconditional will to prosecute the driver. Neither an express request for prosecution nor a statement or expression from which an implicit will could be derived were documented.
The mere fact that the cyclist had contacted the police for the purpose of settling the damages was not sufficient to assume a valid criminal complaint. A statement of the unconditional will that…