Facts
The Public Prosecutor's Office of the Canton of Zurich filed a complaint in criminal matters and a subsidiary constitutional complaint against the decision of the High Court of the Canton of Zurich, which rejected the opening of a criminal investigation against police officers for abuse of authority. The police officers had been reported for simple assault and bodily harm.
The High Court ruled that § 148 of the Law of 10 May 2010 of the Canton of Zurich on the Organization of Courts and Authorities in Civil and Criminal Proceedings (GOG/ZH) was null and void, as it contradicted the Swiss Criminal Procedure Code (CrimPC). The Public Prosecutor's Office requested that the decision of the High Court be set aside and the case be referred back to it for the issuance of the authorization decision.
Considerations
The Federal Court ruled that the complaint in public law matters was admissible, as it concerned a public law matter. The authorization for the prosecution of police officers was a procedural requirement for the criminal proceedings and was granted in a separate administrative procedure.
The Federal Court found that the cantons could make the prosecution of members of their executive and judicial authorities dependent on the authorization of a non-judicial authority. The accused police officers were to be considered as members of executive authorities. The Federal Court ruled that § 148 GOG/ZH could be based on Art.…