Facts
On 17 February 2002, X. and Y., members of the "Bund der Steuerzahler", filed a criminal complaint against Elmar Ledergerber, municipal councillor and president of the city of Zurich, as well as against the organizers of a "Vote-In" on the UN referendum, on suspicion of electoral corruption under art. 281 SCC and influence peddling under art. 282bis SCC. On 14 May 2002, the Federal Public Prosecutor's Office issued a decision not to proceed. X. and Y. lodged an appeal with the Criminal Chamber of the Court of Cassation within five days, in accordance with art. 217 FCJA, under art. 105bis para. 2 FCJA, expressly waiving any formal request.
The Federal Public Prosecutor's Office requested the dismissal of the appeal. The appellants did not suffer any direct harm from the offences they reported and are not parties within the meaning of art. 34 FCJA.
Considerations
The Federal Code of Criminal Procedure (FCJA) provides that anyone may report federal offences to the Federal Public Prosecutor's Office (art. 100 para. 1 and 2 FCJA). If no prosecution is initiated, the Public Prosecutor's Office issues a decision not to proceed (art. 100 para. 3 FCJA). Art. 105bis para. 2 FCJA allows an appeal against the acts of the Public Prosecutor's Office before the Criminal Chamber of the Court of Cassation, but only parties and those who suffer unjustified harm due to the Public Prosecutor's decision are entitled to appeal (art. 214 para. 2 FCJA).
The question of whether the complainant who is not harmed can appeal against the Public Prosecutor's decision not to proceed must be examined. The law explicitly provides that the victim, within the…