Facts

On 20 May 2014, [A.] filed a criminal complaint against [B.] for fraud and misappropriation. The Public Prosecutor's Office of Zurich-Sihl initially did not take up the criminal complaint. [A.] filed an appeal against this decision, which was dismissed by the High Court of the Canton of Zurich. The Federal Supreme Court overturned the decision of the High Court and remanded the case to the Public Prosecutor's Office to open a criminal investigation. After receiving the Federal Supreme Court's judgment in December 2015, the Public Prosecutor's Office opened the criminal investigation. On 23 November 2016, [A.] as a private prosecutor filed a complaint with the High Court regarding the delay in the proceedings and the recusal of the responsible investigating officer. The High Court dismissed the complaint.

Considerations

The Federal Supreme Court finds that the Public Prosecutor's Office has violated the principle of expedited proceedings in criminal matters. Between 30 May and 12 December 2016, the investigating authority remained inactive for more than six months without any substantive justification, although the complainant as a private prosecutor is entitled to have his submissions and motions processed within a reasonable time and the criminal proceedings to be advanced without undue…