Victim's Right to Appeal Criminal Acquittal in Bodily Harm Case

An injured party, who was involved in a collision where they sustained injuries, appealed a lower court decision that acquitted the other party of negligent bodily harm, arguing they were entitled to appeal as the victim because the decision impacted potential civil claims. The court ruled that the victim has no right to appeal the acquittal in the criminal aspect unless they had previously asserted civil claims or demonstrated to the court that the criminal judgment could affect the assessment of those claims, which was not done in the prior proceedings, rendering the appeal inadmissible; moreover, even if the right existed, the applicable remedy against the acquittal would have been a complaint of nullity (Kassationsbeschwerde) rather than an appeal, based on the severity of the sanction imposed on the appellant in a separate finding.