Facts
The Federal Court had to deal with a complaint by the complainant [A.] against the decision of the High Court of the Canton of Bern. The complainant was accused of suspected sexual acts with children and pornography and had requested a final hearing and a forensic-psychiatric examination. The Public Prosecutor's Office of the Canton of Bern, Region Oberland, had rejected these evidence requests. The High Court of the Canton of Bern had not considered an appeal against this decision.
The complainant filed a complaint in criminal matters with the Federal Court, requesting that the decision of the High Court be annulled and the matter be referred back to the High Court for material consideration and decision. The Public Prosecutor's Office of the Canton of Bern, Region Oberland, the Attorney General's Office of the Canton of Bern, and the High Court of the Canton of Bern had waived their right to comment.
Considerations
The Federal Court examined the admissibility of the complaint and came to the conclusion that the contested decision is an interim decision within the meaning of Art. 78 para. 1 FSCA. The complaint against a self-contained interim decision is only admissible if it can cause irreparable harm (Art. 93 para. 1 lit. a FSCA).
The Federal Court investigated whether the complainant suffered irreparable harm due to the rejection of his evidence requests. The complainant relied on Art. 317 CrimPC, according to which the public prosecutor's office in extensive and complex preliminary proceedings questions the accused person again in a final hearing before completing the investigation and asks them to comment on the results. However, the Federal Court came to the conclusion that the complainant does not suffer irreparable harm due to the rejection of his evidence requests, as he can also present his arguments before the criminal court.
The Federal Court also examined whether the complainant lost the opportunity for…