Dismissal of the Appeal due to Lack of Authorization to Represent

Facts

The District Court of Dietikon convicted [X.] of sexual acts with children to the detriment of [A.] as well as obstruction of an official act. [X.] filed an appeal, and the Prosecutor's Office and Attorney [C.] filed a cross-appeal. The High Court of the Canton of Zurich did not enter into the cross-appeal of Attorney [C.], as [A.] as the private prosecutor is not authorized to demand the acquittal of the accused.

Considerations

1. According to Art. 306 para. 3 ZGB, the parental powers lapse by law in the event of a conflict of interest in the relevant matter. Such a conflict of interest exists if there is a close personal relationship between the third party and the parents, so that it can be assumed that consideration for the interests of the third party could possibly influence the actions of the parents.

2. In the present case, [X.] was the boyfriend of [B.], the mother of [A.], at the time of the offense. They continue to live together and are expecting a child together. Therefore, there is a conflict of interest, so that [B.] is not authorized to represent her daughter [A.].

3. The Office of the Attorney General of the Canton of Zurich had appointed Attorney [C.] as the gratuitous legal…