Key legal question
Whether the cantonal appeal court could hear an appeal against the Tmc seal-lifting order
Extracted holding
No cantonal remedy was available because the Tmc decides definitively on seal lifting at the preliminary stage; the proper avenue was a direct appeal to the Federal Supreme Court.
Extracted reasoning
Under Art. 393 para. 1(c) CPP, cantonal appeal lies only where the Code provides it. Art. 248 para. 3(a) CPP makes the Tmc’s decision final on seal lifting at the pre-trial stage, so the cantonal court correctly declared the appeal inadmissible.