Facts
On 10 September 1991, X. shot [A.], resulting in incurable tetraplegia. [A.] died on 10 August 1995. On 19 December 1995, X. was convicted of serious bodily injury through negligence and was ordered to pay compensation to A.'s heirs. On 19 December 1997, X. was acquitted of the charge of serious bodily injury through negligence. A.'s heirs filed a nullity appeal against the criminal judgment.
The parties involved are A.'s heirs, X., and the Public Prosecutor's Office of the canton of Zurich. The competent court is the Swiss Federal Court.
Considerations
The decision of the Swiss Federal Court concerns the legitimacy of the victim's next of kin to file a nullity appeal against the criminal judgment. According to art. 270 FCJA, the nullity appeal is open to the defendant, the Public Prosecutor's Office, and the victim. However, in the event of the victim's death, the question arises as to whether the heirs or next of kin of the victim can file a nullity appeal.
The Swiss Federal Court considered that the victim's heirs are not entitled to file a nullity appeal in their capacity as heirs. However, the victim's next of kin, such as parents or spouses, may be entitled to file a nullity appeal if they have their own or derivative civil claims against the perpetrator of the offense.
In this case, A.'s heirs filed a nullity appeal against the criminal judgment, but the Swiss Federal Court considered the appeal…