Questione giuridica chiave
Whether the new cantonal decision after remand was governed by the new Swiss Criminal Procedure Code and which authority was competent.
Decisione estratta
The post-remand decision had to be taken by the authority competent under the StPO, and new procedural law applied to the decision rendered after 31 December 2010.
Motivazione estratta
Under Art. 453 Abs. 2 StPO, a new decision after federal remand is made by the authority that would have been competent under the StPO; because the cantonal decision was issued on 14 March 2011, the new code governed.