Questão jurídica principal
Whether the complainant had standing to appeal to the Federal Supreme Court against the non-opening of proceedings for false testimony and false accusation.
Decisão extraída
He lacked standing because he was neither a private prosecutor nor a victim within the meaning of the Federal Act on Victim Assistance.
Fundamentação extraída
The cantonal public prosecutor had participated in the proceedings, so the appellant was not a private prosecutor under Art. 81(1)(b)(4) BGG. He was not directly affected in his physical, sexual, or psychological integrity and therefore not a victim under Art. 81(1)(b)(5) BGG in conjunction with Art. 2(1) OHG. As a mere injured party who is not a victim, he could not challenge the non-opening of prosecution.