Questione giuridica chiave
Whether the cantonal non-entry decision on the appeal against refusal to reopen the criminal proceedings was compatible with federal law.
Decisione estratta
The non-entry decision was lawful because, under the transitional rules, no further cantonal remedy was available against the old-law appeal decision.
Motivazione estratta
Since the challenged refusal to reopen dated before 2011, remedies had to be assessed under the former Basel-Stadt criminal procedure code pursuant to Art. 453(1) StPO. The new cantonal complaint system did not apply, and there was no cumulative route through old and new remedies.