Questione giuridica chiave
Whether X.________ could still participate as private plaintiff for criminal and civil claims after earlier statements refusing to file a complaint.
Decisione estratta
Yes. The earlier refusals concerned only the criminal complaint under the former cantonal procedure, not a waiver of later participation under the CPP.
Motivazione estratta
The December 2010 statements were made before the CPP entered into force and had to be read under the former Vaud code; they were only a renunciation of filing a criminal complaint. Because the offence was prosecuted ex officio and X.________ expressly declared before closure of the preliminary proceedings that he wished to participate, he had to be recognized as a private plaintiff.