Facts
[X.] and [Y.] filed a criminal complaint on 4 December 2012 against their former employees [A.] , [B.] and [C.] as well as [D.] , [E.] and [F.] for breach of trade secrets, fraud, coercion and defamation offences. On 25 March 2013, the Zurich-Limmat Public Prosecutor's Office ordered non-prosecution. A complaint against the non-prosecution filed by [Y.] and [X.] was dismissed by the Cantonal Court of Zurich on 23 October 2013.
[X.] and [Y.] have filed a criminal law appeal and request that the decision of the Cantonal Court be set aside and a criminal investigation into the breach of trade secrets and coercion be opened.
Considerations
The FSCA will consider the appeal insofar as it concerns the breach of trade secrets. The lower court has established as a matter of fact that the appellants were aware at the latest by the end of August 2012 that (at least) a liquidity plan had been disclosed externally to the respondent 6. Thus, the appellants were aware of a possible breach of trade secrets at that time, so that the time limit for filing a criminal complaint under Art. 31 SCC began to run…