Facts
The appellant [X.] accuses the defendant [A.] of having defrauded him of CHF 108.25 by wrongly offsetting deductibles for cash-benefits. He also claims that the defendant suppressed a document and violated medical and professional confidentiality by describing him as a dangerous psychopath with diminished capacity.
The Basel-Stadt Public Prosecutor's Office discontinued the proceedings on January 8, 2018. The Basel-Stadt Court of Appeal dismissed the appeal on September 7, 2018, insofar as it was entertained.
The appellant requests that the proceedings be brought to trial and applies for free legal aid.
Considerations
The FSCA examines whether the appellant has a legally protected interest in the appeal. It finds that the appellant is constituted as a private plaintiff but does not sufficiently explain why the contested decision may affect the assessment of his civil claims.
The FSCA also examines whether the lower court rightly denied the appellant's claim for free legal aid. It finds that the lower court extensively justified why it considers the methadone contract to be dispensable and why the discontinuation of the proceedings by the Public Prosecutor's Office for fraud due to allegedly unlawful offsetting of a lump sum per methadone intake, in addition to the deductible, is justified.
The FSCA finally examines whether the lower court arbitrarily assumed a clear state of evidence or arbitrarily considered certain facts to be established. It finds that the lower court did not…