Dismissal of the appeal by the Swiss Federal Railways SBB AG against the non-consideration of a criminal complaint for smoking in a public transport vehicle

Facts

The Swiss Federal Railways SBB AG (SBB) filed a criminal complaint on 9 October 2012 against [X.] for smoking in a public transport vehicle. The Uznach Investigating Office did not proceed with the criminal complaint on 12 November 2012. The SBB filed an appeal against this non-consideration decision, which the Court of Indictment of the Canton of St. Gallen also did not proceed with on 12 December 2012.

The SBB then filed an appeal in criminal matters with the Federal Supreme Court and requested that the contested decision be set aside and the case be remanded to the lower instance for a new assessment.

Considerations

The Federal Supreme Court considered that the SBB was not legitimised, as it was not directly affected in its rights. While the SBB could be directly affected by the procedural costs, it had not made sufficiently…