Facts
The complainant [X.] had filed a criminal complaint against his neighbor [A.] for trespassing and property damage on June 23, 2013. [A.] had cut down the complainant's boundary planting and entered his property despite a ban. The public prosecutor's office of Innerschwyz discontinued the criminal proceeding on September 23, 2014, and referred the civil claims to the civil court. The Cantonal Court of Schwyz dismissed the complainant's complaint against the discontinuation order on November 23, 2015.
The complainant requested that the cantonal court's decision and the discontinuation order be revoked and that the public prosecutor's office of Innerschwyz be instructed to reopen the criminal proceeding and punish [A.] accordingly.
Considerations
The Federal Court examined the complainant's standing to appeal the discontinuation order in a criminal matter. The complainant claimed that he had suffered a loss of CHF 48,232.35 due to the cutting of the plants and that the discontinuation of the proceeding made it impossible for him to assert his civil claim in connection with the criminal proceeding.
The Federal Court found that the complainant was not entitled to appeal the discontinuation of the criminal proceeding for trespassing. Regarding the offense of property damage, the complainant's standing could be left open, as the appeal was unfounded.
The Federal Court…