Facts
The heirs [A.] , [B.] , [C.] , [D.] and [E.] filed a criminal complaint against [X.] , executor of the estate of [F.] , deceased, for embezzlement, disloyal management of business and forgery of documents to the detriment of the community of heirs on 19 April 2012. The Public Prosecutor's Office IV of the Canton of Zurich discontinued the criminal proceedings against [X.] on 17 September 2014. The High Court of the Canton of Zurich dismissed the complaint against the discontinuation order on 5 September 2016, insofar as it was entertained.
The complainants request that the decision of 5 September 2016 and the discontinuation order of 17 September 2014 be revoked and that the matter be referred back to the competent public prosecutor's office for further investigation.
Considerations
The Federal Court examines the complainants' right to appeal. The private party is entitled to appeal in criminal matters if the contested decision may affect the assessment of their civil claims (Art. 81 para. 1 lit. b no. 5 FSCA). The complainants must explain for what reasons the contested decision may affect which civil claim.
The Federal Court finds that the complainants are not entitled to appeal because they have not constituted themselves as civil parties and have not asserted their civil claims in the criminal proceedings. The appeal is therefore to be dismissed, insofar as it can be entertained.
The Federal Court…