Facts
The proceedings concern the non-prosecution of a criminal case due to neglect of maintenance obligations by the respondent 2. The applicants, the mother and the two children, had filed a criminal complaint against the respondent 2 because he had not paid the foreign care costs owed by him. The public prosecutor's office of Limmattal/Albis ordered the non-prosecution of the proceedings, which was confirmed by the High Court of the Canton of Zurich.
The applicants request the Federal Court to partially revoke the contested decision and to refer the matter back to the public prosecutor's office of Limmattal/Albis for the opening of an investigation. They argue that the contested decision may affect the assessment of their civil claims, in particular the enforcement of their maintenance claims for the year 2022.
Considerations
The Federal Court examines the admissibility requirements ex officio and with free cognition. The private prosecution is generally only entitled to appeal in criminal matters if the contested decision may affect the assessment of their civil claims. The applicants argue that the contested decision may affect the assessment of their maintenance claims for the year 2022, as a conviction of the respondent 2 for neglect of maintenance obligations would likely induce him to pay the outstanding maintenance debts.
However, the Federal Court notes that the applicants have already asserted their maintenance claims for the years 2019-2021 in civil proceedings and that the scope of the contributions owed by the respondent 2 for the year 2022 depends on the outcome of a pending civil lawsuit. The applicants have not demonstrated why the pending civil proceedings do not preclude a criminal adhesion procedure and in what way they have a current interest in the treatment of the criminal appeal.
The Federal Court concludes that the dispute…