Partial Discontinuation of Proceedings is Part of the Judgment and Can Be Appealed

Facts

The Office of the Attorney General of the Canton of Zurich filed a complaint against the decision of the High Court of the Canton of Zurich, which had not entered into the appeal against the partial discontinuation of the proceedings. The District Court of Uster had, in its judgment of 24 January 2013, in addition to convictions and sanctions, also discontinued individual charges due to the lack of a valid criminal complaint. The Prosecutor's Office filed an appeal against the entire decision in due form and time, but later restricted this to the questions of sentencing and the partial discontinuation of the proceedings.

Considerations

The Federal Supreme Court decided that a partial discontinuation of the proceedings ordered within the framework of a judgment on the merits is to be treated as part of the judgment pursuant to Art. 329 para. 5 CrimPC. Both the historical and the teleological interpretation of the provision suggest that the partial discontinuation…