Facts
The complainant, [X.] , had filed a request for economic social assistance, which was rejected by the Selnau social center. She then filed a criminal complaint against two social workers and Councilor [A.] for various offenses. The High Court of the Canton of Zurich refused the authorization for criminal investigation against the councilor. The complainant appealed to the Federal Court and requested the reversal of the High Court's decision.
The complainant had filed her criminal complaint for various offenses such as coercion, simple bodily harm, fraud, forgery or suppression of documents, abuse of office, and violations of the Social Assistance Act and the Personnel Act. The High Court decided that the authorization for criminal investigation against the councilor should not be granted.
Considerations
The Federal Court examined its jurisdiction and the admissibility of the complaint. It found that the complaint in public law matters is generally admissible, as the complainant is particularly affected by the contested decision and has a legitimate interest in its reversal or modification.
The court stated that the authorization for criminal prosecution may not be refused for reasons of expediency, but that sufficient minimal indications of criminal behavior may be…