Key legal question
Whether the criminal appeal was admissible under Art. 81 BGG despite the private criminal prosecution context.
Extracted holding
The appellant was entitled to appeal because, under St. Gallen private prosecution rules, he replaced the public prosecutor and could pursue the charge without the prosecution service.
Extracted reasoning
The court held that Art. 81(1)(b)(4) BGG applies where cantonal law leaves the decision to prosecute entirely to the private complainant; that was the case under the St. Gallen provisions cited by the court.