Questão jurídica principal
Whether the bankruptcy estate of Sabena SA had standing to appeal the dismissal orders in the criminal investigation.
Decisão extraída
The ancillary bankruptcy estate and the bankrupt company’s Swiss bankruptcy administration were not entitled to appeal in the criminal fault/merits point; only the bankrupt company itself retained victim standing.
Fundamentação extraída
Under Zurich criminal procedure, victim status belongs to the directly injured legal person. The bankruptcy estate only acquires powers to administer and realize assets and may pursue adhesion claims, but not criminal appeals concerning the guilt issue. Its mandate does not include representing the debtor as injured party in the criminal merits phase.