Questão jurídica principal
Whether the cantonal fire insurer had standing to act as civil plaintiff in adhesion proceedings as a subrogated, indirectly injured party.
Decisão extraída
Yes. The cantonal provision could be interpreted to allow a indirectly injured insurer with statutory recourse/subrogation rights to bring civil claims in the criminal proceedings.
Fundamentação extraída
The court held that the Aargau practice, supported by doctrine and the wording distinguishing injured and damaged persons, was at least tenable and therefore not arbitrary. Earlier case law and the draft Swiss CPC also supported civil-claim standing for subrogated claimants.