The Federal Court has not entered into the appeal of the Vaud Public Prosecutor's Office in the case of climate activists who had spread coal in a UBS branch in Lausanne, in 2020. According to the court, the Public Prosecutor's Office has no standing to appeal.
UBS's criminal complaint for damage to property and trespassing was invalidated by the Vaud first instance in 2021, because it had not been filed by the unit of the large bank authorized to do so. Only convictions for violations of the police law of the city of Lausanne were therefore handed down. UBS did not pursue the case, but joined the prosecution's appeal.
The Federal Court came to the conclusion on Thursday that the Public Prosecutor's Office was not legally authorized to appeal to the highest Swiss court. It is not up to him to pursue the interests of the plaintiffs. The offenses in question are offenses prosecuted upon complaint. The complainant must therefore assert his rights himself.
