Question juridique clé
Whether the victim/complainant had to be given an opportunity to comment on the expert report before the no-further-action decision.
Solution extraite
Yes. Under the constitutional right to be heard, the victim or injured party must be able to comment on an expert report used as a basis for the decision.
Motifs extraits
Although the cantonal criminal procedure and the Victims Assistance Act did not expressly provide for a right to comment on an expert opinion, Art. 29(2) BV requires that parties be able to respond to evidence relied upon by the deciding authority. The victim and injured party are among those affected by the decision.