Kernrechtsfrage
Whether the criminal complaint was invalid due to abuse of rights by the injured party
Extrahierter Entscheid
The complaint was not abusive; the injured party retained a legally protected interest in prosecution.
Extrahierte Begründung
Abuse of the right to file a complaint is recognized only restrictively, where the injured party has inflicted objectively serious wrong and there is a close causal link between that conduct and the offense. Here, the neighbor’s failure to remove the unlawful structure did not directly induce the defendant to damage the roof with an iron mallet.