6.5.1-13 When is a case involving copyright prosecuted ex officio?


The criminal offences mentioned in Art. 67 Para. 1 CopA are prosecuted ex officio if they were committed for commercial gain (Art. 67 Para 2 CopA), i.e. as soon as the prosecuting authority becomes aware of the offence and without waiting for the injured party to file a complaint. If the offender acted for commercial gain, their situation is effectively more serious, which justifies automatic prosecution.