Kernrechtsfrage
Whether the appeal against the cantonal non-prosecution decision was admissible.
Extrahierter Entscheid
The challenged decision was an interim decision, and the appellant neither showed irreparable harm nor that immediate admission would save extensive evidence-taking.
Extrahierte Begründung
The criminal proceedings regarding the spitting incident continued before the competent authority; if facts later suggested a felony or misdemeanour, the case could be transferred under Art. 357(4) StPO. Therefore the contested decision did not finally terminate the matter.