Facts
The appellant [A.X.] filed a criminal complaint against his estranged wife [B.X.] on 25 January 2013 for sexual coercion and rape. The Public Prosecutor's Office discontinued the criminal proceedings against [A.X.] on 27 August 2014 and referred the civil claim to the civil courts. [A.X.] was not awarded any satisfaction.
[A.X.] appealed against the refusal to grant him satisfaction. The Cantonal Court of Basel-Landschaft dismissed the appeal on 2 December 2014 and imposed the procedural costs on [A.X.] .
[A.X.] filed an appeal in criminal matters, requesting that he be awarded at least CHF 8,000 in satisfaction. Alternatively, the case should be remanded to the lower instance for reassessment.
Considerations
The Federal Supreme Court considered that for a claim for satisfaction under Art. 429 para. 1 lit. c CrimPC, a causal link between the criminal proceedings and the alleged serious violation of personality is required. However, the appellant's restricted right of access was due to his wife's statements in the marital protection proceedings, not the criminal proceedings. The delayed restoration of the unsupervised right of access also cannot be attributed to the criminal proceedings.
The Federal Supreme Court therefore denied a claim for satisfaction, as the required causal link was lacking. The mere fear of having to leave Switzerland due to immigration law issues…