Key legal question
Whether the complainant was a 'victim' under § 174 lit. b StPO entitled to appeal after acquittal.
Extracted holding
Only the person directly affected by the criminal act, i.e. the holder of the right or legal interest directly attacked, is a 'victim' for § 174 lit. b StPO. The appellant was only a complainant and not directly injured, so she had no right to appeal.
Extracted reasoning
The statute links the right of appeal to prior exercise of party rights in the first-instance criminal hearing, and such party rights under § 14 StPO belong only to those directly harmed. For Art. 212 StGB, only minors are directly protected; for Art. 204 StGB, a direct victim exists only in special cases where the act was aimed specifically at the person concerned.