Questão jurídica principal
Whether the victim’s son was entitled to file a nullity appeal against the discontinuance decision as an injured party under Art. 270 lit. e No. 1 BStP and Art. 8 OHG
Decisão extraída
He was not entitled to appeal because he had expressly and generally waived the assertion of civil claims in the criminal proceedings, so the decision could not affect claims not pursued adhäsionsweise.
Fundamentação extraída
A victim’s cassation standing exists only if the decision concerns or may affect civil claims. Where the victim knowingly and unreservedly renounces civil claims in the criminal proceedings, the criminal case is not being used to adjudicate those claims, and standing is denied like for a mere injured party.