Key legal question
Whether the remand order cancelling the discontinuance was immediately challengeable by constitutional complaint.
Extracted holding
No; the remand order was an interlocutory decision under Art. 87 Abs. 2 OG and was only appealable if it could cause irreparable legal harm, which was not shown.
Extracted reasoning
A remand order does not end the criminal proceedings. The continuation of the investigation does not prejudice the merits, and mere factual disadvantages such as delay or costs are insufficient. The alleged harm was not of a legal nature.