Facts
On 24 July 2016, [B.] passed away under unclear circumstances. The Limmattal/Albis Public Prosecutor's Office opened proceedings regarding an extraordinary death, but discontinued them after receiving an IRM expert opinion and further documents. The cause of death was most likely an accidental mixed consumption of methadone and other medications. No indications of criminally relevant conduct, namely negligent actions by the involved physicians, were found. The appeal filed by the deceased's husband, [A.] , against the dismissal order was not accepted by the Cantonal Court of Zurich on 11 December 2017.
Considerations
The FSCA sets aside the decision of the Cantonal Court and remands the case to it. It justifies this as follows:
The appellant, as the deceased's husband, has the standing to file a complaint against the dismissal of the proceedings, as it is apparent from the files that the dismissal may affect potential civil claims. The lower court wrongly denied the appellant's standing.
Furthermore, the lower court wrongly affirmed the lawfulness of the dismissal of the proceedings. While the cause of death…