projekte
BGE 67 II 182 ΓÇó Final judgment on civil claims against one solidary co-defendant
BGE 67 II 182Amtliche Sammlung des Bundesgerichts (BGE) / Band II26.06.1941Granted
In a criminal adhesion proceeding against the spouses Racine, the bank sought damages from both as solidary debtors. The cantonal court upheld the claim against the husband but dismissed it against Frau Racine. The Federal Court held that this dismissal constituted a principal judgment under Art. 58 OG, even though only one of several solidary co-defendants was concerned, and therefore entered into the appeal.
Art. 58 OG; principal judgment in civil claims asserted in criminal proceedings against several solidary defendants. A principal judgment exists not only where all claims in dispute are finally resolved, but also where the claims directed against one defendant are definitively disposed of. In adhesion proceedings, an appeal is admissible already if the claim against the particular defendant concerned has been conclusively adjudicated, even though proceedings continue against other co-defendants. This applies a fortiori where, as in criminal proceedings, procedural joinder of defendants is lacking and the civil claims are formally distinct, notwithstanding solidarity of liability (consid. 1).