Dismissal of the Appeal of the City of Kloten due to Lack of Appeal Legitimacy

Facts

On 22 August 2013, the High Court of the Canton of Zurich convicted [Y.] for multiple violations of the Police Ordinance of the City of Kloten (unlawful parking of taxi vehicles and disregard of a police order) and imposed a fine of 300 Swiss francs. It acquitted him of the charge of violating traffic regulations (unauthorized parking in a parking space reserved for the disabled).

The City of Kloten, represented by the City Magistrate's Office, filed a criminal appeal against this judgment and requested that [Y.] be convicted of a simple violation of traffic regulations.

Considerations

The FSCA did not enter into the appeal, as the appellant, the City Magistrate's Office of the City of Kloten, is not legitimized to file a criminal appeal before the FSCA. Fundamentally, the Public Prosecutor's Office is responsible for the uniform enforcement of the state's criminal claim. Although the Canton of Zurich has transferred the prosecution and assessment of…