Key legal question
Whether the cantonal appeal court rightly declared the revision request inadmissible because the alleged recusal grounds could still be raised in a federal appeal.
Extracted holding
The revision route was unavailable because the challenged cantonal decision was not yet formally final; the arguments had to be raised in the pending appeal to the Federal Supreme Court.
Extracted reasoning
Under Art. 60(3) CPP, newly discovered recusal grounds are governed by revision only after the proceedings are closed. Since a federal appeal against the earlier cantonal recusal decision had already been, or could still be, filed, the cantonal decision had not yet entered into final force within the meaning of Art. 437(3) CPP.