Facts
While the child V. suffered significant neurological brain injuries during his hospitalization on June 21, 1988, his parents T. and R. filed a criminal complaint against the involved physicians and nurses. The investigating judge refused to indict the persons implicated, a decision contested by the parents before the Indictment Chamber. The latter dismissed the appeal, leading the parents to file a nullity appeal and a public law appeal with the Federal Tribunal. By judgment of March 31, 1995, the Criminal Cassation Court of the Federal Tribunal granted the appeal and remanded the case to the cantonal authority for a new decision. The implicated physicians then filed a request for revision of this judgment, arguing that the parents had signed a settlement agreement with the hospital in May 1993, providing for their waiver of any further claims, which deprived them of the capacity to appeal.Considerations
The Criminal Cassation Court grants the request for revision. It considers that the physicians have standing to request the revision, as they were targeted by the criminal proceedings and therefore had the rights of a party. The new facts invoked, namely the conclusion and execution of the settlement agreement, are important as they may lead to the termination of the criminal proceedings, the parents no longer having any civil claims to…