Kernrechtsfrage
Whether disloyal management against a close relative required a complaint and whether the tutelary authority's denunciation qualified as one.
Extrahierter Entscheid
The offense under Art. 158(3) CP could be prosecuted only upon complaint; a denunciation may count only if it clearly expresses a wish to trigger prosecution, which was doubtful here.
Extrahierte Begründung
Art. 158(3) CP makes complaint a condition for prosecution when the offender is a close relative. Art. 30 CP determines who may complain, but does not remove the complaint requirement. A mere denunciation is insufficient unless it clearly conveys the will to punish and prosecute.