Questão jurídica principal
Whether the victim had standing to file a nullity complaint against the acquittal
Decisão extraída
Standing was denied because the victim had not, although it was feasible, asserted civil claims in the criminal proceedings.
Fundamentação extraída
Under Art. 270 lit. e no. 1 BStP and Art. 8(1)(c) OHG, a victim may appeal on the criminal point only if it participated earlier and, where feasible, asserted civil claims. A mere desire to use the criminal case as a vehicle for later civil enforcement is insufficient.