Facts
The case concerns an individual against whom a criminal investigation was conducted in error. The matter was brought before the Court of Indictment, which rendered a judgment on January 9, 1958. The applicant claimed compensation for damages suffered during the investigation, including preventive detention and other investigative acts.
The parties involved are the applicant and the Swiss Confederation, represented by the Federal Public Prosecutor's Office. The case was handled by the Court of Indictment, which rendered a judgment based on Article 122 paragraph 1 of the Federal Code of Criminal Procedure (FCJA) and Article 122 of the Swiss Code of Criminal Procedure (BStP).
Considerations
The Court of Indictment's decision is based on the interpretation of Article 122 paragraph 1 FCJA, which provides that the person against whom an investigation was conducted in error has a right to compensation for damages suffered. The Court of Indictment considered that this provision gives rise to a right to compensation for damages suffered, including moral damages, and not just material damages.
The Court of Indictment also examined the conditions for granting compensation, including the need for objective damage and causality between the investigation and the damage. It considered that the applicant had suffered objective damage, but that causality between the investigation and the damage was not established.
Finally, the Court of Indictment…