Facts
The complainants, [A.] and [B. SA] , have lodged a complaint in criminal matters against the decisions of the Cantonal Court of Schwyz, Complaints Chamber, of 21 September 2020. The complaints are directed against the refusal to initiate criminal proceedings by the Public Prosecutor's Office of the Canton of Schwyz. [A.] had filed a criminal complaint against Public Prosecutor [C.] on suspicion of abuse of office and serious breach of official duty, while [B. SA] filed a criminal complaint on suspicion of abuse of office, serious breach of official duty, and intentional credit and business damage.
The Cantonal Court of Schwyz had not entertained the complaints due to late payment of the security. The complainants had not paid the security of CHF 1,500 each in a timely manner, although they were required to do so. The lower court had set a deadline for the payment of the security, which expired on 17 August 2020. However, the complainants did not pay the security until 18 August 2020, which was considered late.
Considerations
The Federal Court has dismissed the complaints because the complainants had not paid the security in a timely manner. The lower court had correctly found that the deadline for payment of the security had expired on 17 August 2020 and that the debit to the bank account on 18 August 2020 was late.
The Federal Court has also found that the complainants had not plausibly demonstrated that they were not at fault for the delay. A reinstatement of the deadline can only be granted…