Facts
The proceedings concern the dismissal of a criminal case against [B.] on suspicion of sexual acts with his son [A.] . The Public Prosecutor's Office of the Canton of Bern, Berner Jura-Seeland Region, opened a criminal investigation on 25 November 2011 and issued a dismissal decision on 16 April 2012. [A.] and his mother appealed against this decision to the High Court of the Canton of Bern, which did not entertain the mother's appeal and dismissed the child's appeal.
[A.] filed a criminal appeal on 14 September 2012, requesting the reversal of the High Court's decision and the remittal of the matter to the lower court for re-evaluation. The Public Prosecutor's Office and the High Court waived their right to comment on the appeal.
Considerations
The Federal Court upheld the appeal and reversed the dismissal decision and the High Court's decision. The lower court's finding that the appellant had not made any statements about a specific sexual act with a child within the meaning of Art. 187 SCC was not shared. The report by child psychologist [C.] of 31 August 2012 contains clear indications of the defendant's criminal liability.
The Federal Court found that the dismissal of the criminal proceedings was not justified and that the matter was to be remitted to the Public Prosecutor's Office for further investigation. The competent…