Kernrechtsfrage
Whether the prosecution was entitled to appeal the refusal of the surveillance measure
Extrahierter Entscheid
Yes. The prosecution had standing and the refusal could cause irreparable harm in a serious criminal investigation.
Extrahierte Begründung
Under Art. 81 BGG, the word 'especially the prosecution' includes a legitimate interest in challenging a refusal of secret surveillance. The denial could lead to an irretrievable loss of evidence in serious cases.