Rejection of the victim's application to join as a civil party in the context of an appeal on a point of law

Facts

In the context of a violent conflict between two families related by kinship concerning the use of a family chalet, three persons involved were injured. In particular, Mr. B. pushed Ms. A. on the head with a shovel, causing her the partial loss of tooth 34. Mr. B. was acquitted by the cantonal court of the charges of simple (qualified) bodily harm. Ms. A. filed a federal appeal on a point of law against this acquittal.

Considerations

The Court first examined whether Ms. A. had standing to file the appeal on a point of law. According to Art. 270(g) CrimPC, only the "main" private complainant who has prosecuted the case alone and without the participation of the public prosecutor's office at the cantonal level is entitled to file an appeal on a point of law. However, in the present case, the public prosecutor's office participated in the cantonal proceedings, even though it subsequently withdrew. Consequently, Ms. A. is not entitled as a private complainant to file the appeal on a point of law.

However, according to Art. 270(e)(1) CrimPC, the victim is entitled to file an appeal on a point of law if she has already joined the proceedings as a party and if the contested decision concerns her civil claims or may have an impact on their adjudication. A…