Facts
Y. was driving at around 100 km/h on the A2 motorway in poor visibility on November 10, 2002 and collided without braking into the pedestrian A., who was dressed in dark clothing and standing in the middle of the right lane. A. was killed instantly in the collision. By penal order dated July 7, 2004, Y. was found guilty of negligent homicide and sentenced to a fine. Upon Y.'s objection, the public prosecutor's office discontinued the proceedings for negligent homicide due to insufficient evidence. The appeal filed by the victim's son (X.) against this decision was dismissed by the court of proceedings.
X. filed a federal nullity appeal with the request to continue the criminal proceedings against Y.
Considerations
The Federal Supreme Court denied X.'s standing to file the nullity appeal. According to case law, the victim is only entitled to appeal in the criminal matter if they have asserted their civil claims arising from the criminal act in the criminal proceedings to the extent reasonable. However, X. had waived the assertion of civil claims in the criminal proceedings…