Questão jurídica principal
Whether X. AG had standing to file a criminal law appeal against the acquittal after the entry into force of the new Swiss Criminal Procedure Code.
Decisão extraída
No standing existed because X. AG had not asserted civil claims in the criminal proceedings, and the former private-prosecution standing did not survive the procedural reform for appeals to the Federal Supreme Court.
Fundamentação extraída
Under Art. 81 BGG, a private complainant may appeal only if the decision can affect civil claims. The transitional rule preserved old private-prosecution proceedings only until completion of first instance; once the case moved to appeal under the new CPC, the prosecution authority became a mandatory party and the right to challenge a sentence belonged to the authorities, not the private complainant.