Kernrechtsfrage
Whether the public-law appeal was admissible against the non-prosecution decision insofar as it challenged the application of Art. 187 CP.
Extrahierter Entscheid
Those criticism concerned the application of federal criminal law and could be raised by nullity appeal; they were therefore inadmissible in public-law appeal.
Extrahierte Begründung
Art. 84(2) OJ makes public-law appeal subsidiary. Because a nullity appeal was available against a canton-court non-prosecution order concerning a federal offence, complaints about the legal characterization under Art. 187 CP had to be brought that way.