Kernrechtsfrage
Whether X. was entitled to file a federal nullity appeal as a private prosecutor under Art. 270 lit. g BStP.
Extrahierter Entscheid
No. Only a principal private prosecutor who alone and without participation of the public prosecutor conducted the prosecution has standing; here the cantonal prosecutor had waived participation, so X. did not prosecute alone.
Extrahierte Begründung
Art. 270 lit. g BStP requires that the public prosecutor be legally unable to prosecute, so that the case belonged from the outset exclusively to the private prosecutor. A mere waiver of participation in appeal proceedings is insufficient.