Key legal question
Whether the appellant had standing under Art. 81(1)(b)(4) BGG as a private prosecutor.
Extracted holding
No standing existed because the state prosecutor was entitled to prosecute under cantonal law; the appellant therefore was not the sole party entitled to bring the accusation from the outset.
Extracted reasoning
Standing requires that, under cantonal procedure, the public prosecutor was not authorized to prosecute and the private prosecutor alone held the charging power. The prosecutor's later withdrawal and non-participation before the lower court do not change this.