Facts
The appellant [A.A.] had awarded a construction contract to [D. GmbH] in May 2017 and appointed it as property manager in May 2018. In February 2020, the son of the appellant, [G.A.] , filed a criminal complaint against the managing directors of [D. GmbH] , [E.] and [F.] . The public prosecutor's office opened a criminal case on suspicion of embezzlement, fraud, and forgery, but discontinued the case in August 2021. The appellant lodged an appeal against the discontinuation order and requested that the order be revoked and the investigation continued.
The High Court of the Canton of Solothurn dismissed the appeal. The appellant filed an appeal in criminal matters and requested that the decision of the High Court be revoked and the case be referred back to the public prosecutor's office for further investigation.
Considerations
The Federal Court examined the appellant's entitlement to appeal in criminal matters. According to Art. 81 para. 1 FSCA, the private plaintiff is entitled to appeal in criminal matters if they have participated in the proceedings before the previous instance or have not had the opportunity to participate and have a legally protected interest in the revocation or amendment of the contested decision.
The Federal Court found that the appellant had not sufficiently substantiated his appeal entitlement. The appellant had not shown which actions had directly damaged him in his assets. The appeal did not meet the requirements of Art. 42 para. 2 FSCA.
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