Kernrechtsfrage
Whether the cantonal court could deny standing because the appellant had not expressly constituted himself as private complainant.
Extrahierter Entscheid
The refusal to entertain the appeal was unlawfully formalistic; the appellant should have been informed of the right to private prosecution and its consequences.
Extrahierte Begründung
Under Lucerne procedural law, a victim must be informed of the right to private prosecution. The record gave no indication that this happened, and authorities themselves appeared to treat him as a private complainant. Requiring an express formal designation in these circumstances was excessive formalism under Art. 29(1) BV.