Kernrechtsfrage
Whether a private prosecutor may appeal the referral of his civil claim to the civil courts together with the acquittal.
Extrahierter Entscheid
Yes. An appeal is admissible against the first-instance decision to refer the civil claim to the civil courts, even when the private prosecutor also challenges the acquittal.
Extrahierte Begründung
Article 398(1) StPO allows appeals against judgments, and the criminal procedure aims to enable the injured party to pursue civil claims within the criminal process where possible. Allowing appellate review of the civil referral serves this purpose and avoids an unreasonable, slower detour back to the first instance.