Questão jurídica principal
Whether X. was entitled to lodge a constitutional complaint as an injured victim despite not having asserted civil claims earlier.
Decisão extraída
Yes. As a victim under the Victim Assistance Act, he could challenge the dismissal without first having raised civil claims in the investigation.
Fundamentação extraída
The offence concerned bodily integrity. Under Art. 8 OHG, a victim may demand a court decision when proceedings are discontinued, and this right to seek judicial review does not presuppose prior assertion of civil claims.