Questão jurídica principal
Whether ORACE had standing to file a criminal appeal in the Federal Supreme Court
Decisão extraída
ORACE was only an injured party and not a victim or private prosecutor with a legally protected interest; its complaint against the merits and reasoning was therefore inadmissible.
Fundamentação extraída
Under Art. 81(1) LTF, a mere injured party may invoke only procedural rights amounting to a formal denial of justice. It cannot challenge the substantive application of criminal law or the adequacy of the reasoning. The offence alleged did not make ORACE a victim under the LAVI, and the Neuchâtel procedure did not grant it the status of private prosecutor.