Kernrechtsfrage
Whether the Geneva court arbitrarily held the complainant's appeal against an acquittal inadmissible under Art. 239 CPP/GE.
Extrahierter Entscheid
Yes. Art. 239 al. 3 CPP/GE allowed the civil party to appeal a police court judgment insofar as it may affect civil claims; the cantonal court's restrictive reading was contra legem and arbitrary.
Extrahierte Begründung
The statutory text was clear and did not confine the remedy to convictions. A judgment of acquittal can affect civil claims in a defamation case, and the court could not deny appeal access by invoking systemic coherence or consistency with cassation practice.