Facts
The complainant [X.] was accused of coercion, threat and bodily harm. The public prosecutor's office Limmattal/Albis discontinued the proceedings on 16 May 2013 due to lack of criminal liability and did not grant the complainant any compensation or satisfaction. The High Court of the Canton of Zurich partially overturned the discontinuation order and granted the complainant compensation of CHF 3,406.20 and satisfaction of CHF 1,000.--.
The complainant requested with a complaint in criminal matters that the discontinuation order and the decision of the High Court be partially overturned. He sought a modification of the discontinuation order to preserve his presumption of innocence and a higher compensation and satisfaction.
Considerations
The Federal Court examined the complainant's legitimacy to file a complaint in criminal matters. It found that the accused person is generally not entitled to appeal a discontinuation of proceedings in their favor in order to achieve a different legal justification for the discontinuation order. An exception only applies if the reasoning and disposition of the discontinuation order are essentially equivalent to an accusation of guilt, without the statutory proof of guilt having been provided beforehand and the accused person having had the opportunity to exercise their rights of defense.
The Federal Court concluded that the lower court rightly dismissed the complainant's complaint, as the discontinuation order was not made due to lack of guilt, but in his favor. The presumption of innocence was not violated, as the public prosecutor's office did not accuse the complainant of having acted culpably when explaining the reasons for the…