Kernrechtsfrage
Whether the complainant was entitled to file a criminal complaint for breach of professional secrecy under Art. 321 StGB
Extrahierter Entscheid
Only the secrecy holder, generally the client, is entitled to complain; the opposing party is not, absent an exceptional case.
Extrahierte Begründung
Art. 321 StGB primarily protects the trust relationship between lawyer and client. The complainant was the opposing party and had not entrusted any secret to the lawyer, so he was not the affected secrecy holder.