Questão jurídica principal
Whether a criminal complaint for embezzlement also constitutes a valid complaint for misappropriation/sachentziehung.
Decisão extraída
Yes. Read in context, the complainant's statement showed an unconditional wish to prosecute W. for not returning the property, which sufficed as a valid complaint for the related offense.
Fundamentação extraída
The court held that the complainant need not legally classify the facts; it is enough that the filing expresses the will to prosecute the described conduct. Given the close subsidiary relationship between embezzlement and misappropriation, the complaint and interview statement clearly showed that criminal prosecution was sought for the non-return of the item.