Questione giuridica chiave
Whether the constitutional complaint was admissible against the alleged misapplication of Art. 43(3) StGB and related constitutional and ECHR claims.
Decisione estratta
The complaint was inadmissible to the extent it merely challenged the application of federal law under constitutional or ECHR labels; those arguments had to be raised by nullity appeal.
Motivazione estratta
The alleged violations of equality before law, liberty, good faith, and Article 5 ECHR were only indirect attacks on the interpretation of Art. 43(3) StGB, not autonomous constitutional questions.