Facts
The proceedings concern a criminal complaint for forgery filed by [X.] against the orchestra [A.] . [X.] alleged that the orchestra had manipulated two evaluation sheets that had been served on him in the context of a mediation agreement. The public prosecutor's office of the canton of Zug did not initiate the criminal proceedings, and the High Court of the canton of Zug dismissed [X.] 's complaint against this decision.
[X.] requested the Federal Court to overturn the judgment of the High Court and to order the public prosecutor's office to continue the criminal proceedings. He also requested free legal aid and representation.
The High Court and the public prosecutor's office waived their right to comment.
Considerations
The Federal Court examined the admissibility of the complaint and came to the conclusion that it was admissible, as the contested decision represented a final judgment of a cantonal court in a criminal matter and the complainant had been a party to the cantonal proceedings as a private plaintiff.
The Federal Court rejected the complainant's argument that the public prosecutor's office had carried out an investigative act by requesting the files of the enforcement proceedings and therefore could not refuse to initiate the proceedings. The Court found that the discontinuation and non-initiation of proceedings were governed by the same procedural provisions and it was not apparent how the complainant had been prejudiced by the non-initiation of proceedings.
The Federal Court also came to the conclusion that the public prosecutor's office had rightly refused to initiate the proceedings, as no evidence of criminal behavior by individuals from the environment of the reported orchestra could be found. The reasoning of the public prosecutor's office, which was shared by the High Court,…