Cantonal Supreme Court Sets Aside Public Prosecutor’s Decision to Discontinue Proceedings

Zürcher Rechtsanwälte AG represents the complainant and injured party in criminal proceedings arising out of a physical altercation. In the course of the proceedings, the Public Prosecutor’s Office issued decisions discontinuing the investigation against two of the four accused.

The Supreme Court of the Canton of Zurich upheld the appeal, set aside the decisions and remitted the matter to the Public Prosecutor’s Office for further proceedings in accordance with its findings. The Court held that the proceedings had been discontinued prematurely. In particular, the Public Prosecutor’s Office had failed to pursue statements containing clear indications of potentially criminal conduct, including allegations that all four accused had participated in the assault. The Court further found that the police interview of a person providing information was substantively incomplete.

The matter was handled by Pablo Bünger (Partner).