Decision on the Active Legitimation of the Building Insurance Agency in the Adhesion Proceedings

Facts

The appellant [X.] was convicted by the District Court of Lenzburg for negligent causing of a fire and violations of the Narcotics Act. The Aargau Building Insurance Agency asserted a claim for damages in the amount of CHF 2,500.- in the adhesion proceedings, as it had compensated the damage to the appellant's parents. The High Court of the Canton of Aargau dismissed the appellant's appeal against the admission of the Building Insurance Agency as a civil plaintiff. Thereupon, the appellant filed a constitutional appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that according to the case law of the High Court of the Canton of Aargau and the prevailing doctrine on Swiss criminal procedure law, the indirectly injured party, such as the Building Insurance Agency here, is also…