Questione giuridica chiave
Whether an investigating judge's dismissal decision prevents reopening of the criminal case under § 85 Abs. 3 StPO
Decisione estratta
No. A dismissal after the investigation stage does not bar reopening; under § 85 Abs. 3 StPO the case may be resumed at any time on any sensible, non-arbitrary ground, including obvious mistakes.
Motivazione estratta
The statute contains no reopening conditions. Compared with revision of final judgments and the easier reopening of a dismissal order under § 99 Abs. 2 StPO, the legislature intended reopening after an investigation dismissal to be even less restricted. The cited doctrine on limited res judicata concerns a different procedural context.