Federal Supreme Court Clarifies Standing to File a Criminal Complaint Following Disclaimer of Inheritance

Zürcher Rechtsanwälte AG successfully represented the appellant before the Federal Supreme Court in proceedings concerning the refusal to open a criminal investigation. The case centred on the requirements governing standing to file a criminal complaint and, in particular, on the circumstances in which a person may qualify as an injured party in relation to assets allegedly removed from or damaged within an estate.

In its judgment of 16 June 2026 (7B_110/2025), the Swiss Federal Supreme Court partially upheld the appeal, set aside the decision of the Supreme Court of the Canton of Zurich and remitted the matter to the lower court for further consideration. The judgment clarifies the requirements for standing to file a criminal complaint in connection with property offences involving estates. It provides important guidance for criminal-law practice and enhances legal certainty in a previously underdeveloped area at the intersection of inheritance law and criminal procedure.

The matter was handled by Pablo Bünger (Partner).