Questão jurídica principal
Whether the Federal Supreme Court could hear an appeal against the cantonal remand order.
Decisão extraída
No. The challenged remand order was an interlocutory decision; no irreparable legal harm was shown and immediate final judgment was not possible.
Fundamentação extraída
A remand to the first instance does not normally cause irreparable legal harm within the meaning of Art. 93(1)(a) BGG. Nor would admission of the appeal immediately lead to a final judgment, because the appellate court left the first instance room to decide how to proceed. The Federal Supreme Court is not to review the completeness of an indictment under cantonal criminal procedure in the first place.