Key legal question
Whether the cantonal court could deny standing because the appellant had not expressly constituted himself as private complainant.
Extracted holding
The refusal to entertain the appeal was unlawfully formalistic; the appellant should have been informed of the right to private prosecution and its consequences.
Extracted reasoning
Under Lucerne procedural law, a victim must be informed of the right to private prosecution. The record gave no indication that this happened, and authorities themselves appeared to treat him as a private complainant. Requiring an express formal designation in these circumstances was excessive formalism under Art. 29(1) BV.