Questão jurídica principal
Whether the complainant had standing to bring a federal criminal-law appeal against the refusal to open an investigation.
Decisão extraída
He lacked standing because he was neither a private prosecutor nor a victim, and he did not claim any violation of procedural rights personally guaranteed to him.
Fundamentação extraída
The prosecuting authority was a party in the cantonal proceedings, so the complainant was not a private prosecutor under Art. 81(1)(b)(4) BGG. The alleged fraud did not directly affect his bodily, psychological, or sexual integrity, so he was not a victim under Art. 81(1)(b)(5) BGG in conjunction with Art. 1(1) OHG. As a merely injured person who was not a victim, he was not entitled to appeal.