Questão jurídica principal
Whether Bezirksamt Münchwilen had standing to file a criminal complaint to the Federal Supreme Court against the cantonal decision
Decisão extraída
The office lacked standing because it had no own legally protected interest and was not entitled to bring an authority appeal under Art. 81 BGG.
Fundamentação extraída
Art. 81(1) BGG requires cumulative participation in the prior proceedings and a legally protected interest. The office acted only in the public interest; such interests are reserved for the authority appeal under Art. 81(3) BGG, which in this context belongs only to the Federal Department of Justice and Police.