Questione giuridica chiave
Whether the complainants had standing to appeal the discontinuance as private criminal complainants.
Decisione estratta
They lacked standing because any potential claims were public-law/state-liability claims, not civil claims under Art. 81(1)(b)(5) BGG.
Motivazione estratta
Civil claims within the meaning of Art. 81 BGG do not include public-law damages claims, including state-liability claims. Under the applicable Fribourg hospital and liability regime, claims lie against the public entity, not its employees; therefore no civil claims against hospital staff could be asserted in the criminal proceedings.