Rejection of the Opening of a Criminal Investigation against a Physician

Facts

The case concerns the opening of a criminal investigation against Physician Dr. [Y.] in connection with the release of the mentally ill offender [Z.] from involuntary commitment. [Z.] had killed a taxi driver shortly after his release.

The Public Prosecutor's Office IV of the Canton of Zurich requested the opening of a criminal investigation for negligent homicide against various officials and judges involved in the [Z.] case. However, the Indictment Chamber of the High Court did not proceed with the request against Physician Dr. [Y.] , as he was not a public official within the meaning of Art. 110 para. 3 SCC.

The Public Prosecutor's Office, the victim's mother and her partner, as well as Dr. [Y.] , appealed against this decision. The Civil Chamber of the High Court overturned the decision and opened a criminal investigation against Dr. [Y.] .

Considerations

The FSCA did not proceed with Dr. [Y.] 's appeal. It stated that the opening of criminal proceedings does not constitute a legal disadvantage that could not be remedied by a favorable final decision. Furthermore, Art. 93 para. 1 lit. b FSCA, which allows the challenge of interim decisions to avoid costs, is not applicable in criminal proceedings. The FSCA justified this…