Leading decision of the Federal Court on the legitimacy of appeal

Important judgment

On October 1, 2024, the Federal Supreme Court made a significant ruling in a case that attorney Aslantas represented as a criminal defense attorney. The client was originally fined 400 francs by the Zurich City Court (Statthalteramt), which was later lifted. However, despite the discontinuance of the proceedings, he was not awarded any compensation for legal costs.

The Road to the Federal Court

After the High Court of the Canton of Zurich did not accept our client's appeal because it was of the opinion that only attorney Aslantas, as defense attorney, was entitled to appeal, we filed an appeal with the Federal Supreme Court. We argued that our client had a legitimate interest in having the compensation decision reviewed.

The verdict

The Federal Court upheld our appeal and overturned the High Court's order. It made it clear that the accused person himself has an interest in reviewing the compensation and that the defence's right to appeal represents an additional power to challenge the decision.

Significance of the judgment

This ruling strengthens the rights of the accused and ensures that they not only benefit from the discontinuance of proceedings, but also receive appropriate compensation for their defence costs. It is an important step towards safeguarding the rights and interests of the accused in criminal proceedings. The Federal Court's ruling is intended for publication in the official collection.