Facts
The case concerns a father, L., who was convicted of breaching his maintenance obligations towards his child. The «Beratungsstelle und Sozialdienst für Frauen und Familien, St. Gallen» filed a complaint against him for neglecting to fulfill his maintenance obligations. The district court of Wil had previously sentenced L. to pay maintenance contributions for his child until the child reached the age of 20. However, L. had not made these payments regularly since May 1993.
The Cantonal Court of Appenzell A.Rh. found L. guilty of multiple breaches of his maintenance obligations and sentenced him to five weeks in prison with probation and a two-year probationary period. The Higher Court of Appenzell A.Rh. upheld the decision on appeal, but reduced the sentence to three weeks in prison with probation and a two-year probationary period.
L. filed a nullity appeal against this decision, requesting the annulment of the judgment and his acquittal. The key issue is whether the «Beratungsstelle und Sozialdienst für Frauen und Familien, St. Gallen» was authorized to file a complaint on behalf of L.'s ex-wife, who had given power of attorney for matters related to the child's maintenance.
Considerations
The Federal Court examined the issue of delegating the right to file a complaint for breach of maintenance obligations. According to art. 217 para. 1 SCC, breach of maintenance obligations is punishable upon complaint. Art. 28 para. 1 SCC provides that the complaint may be filed by the injured party or their representative.
The Court considered that the delegation of the right to file a complaint may be made by a general power of attorney, which does not have to be limited to a specific breach of the maintenance obligation. The Court also considered that the power of attorney may be given to a person or organization responsible for defending the interests of the beneficiary of the maintenance obligation.
The Court examined the power of attorney granted by L.'s…