Die privatklägerische Strafklage gemäss Schweizerischer Strafprozessordnung – und einige Überlegungen zur Restorative Justice

Overview & Synopsis

This dissertation deals with the rights of persons injured by criminal offences («private claimants») aimed at determining the guilt of the accused person in criminal proceedings («criminal complaint»). Particular attention is paid to the rights of private claimants to appeal against decisions made by prosecuting authorities or by courts and to seek other legal remedies. In this context, it is examined how the aforementioned rights can be legitimised dogmatically and whether this basis of their legitimacy, weighed against the interests of the accused person as protected by international and constitutional law, would require amendments to the Swiss Criminal Procedure Code. In addition, as a possible alternative to criminal proceedings, models for consensual dispute resolution in criminal (procedural) law, which have been increasingly discussed in Switzerland under the heading of «Restorative Justice» in recent years, are investigated.