Kernrechtsfrage
Whether the cantonal cassation court's non-entry on the complaint against the procedural order was arbitrary under cantonal law and compatible with fair-trial guarantees.
Extrahierter Entscheid
The non-entry was not arbitrary; the challenged letter was reasonably treated as a procedural order that could not be separately appealed.
Extrahierte Begründung
The Federal Supreme Court held that a procedural order is an individual court instruction issued in the conduct of proceedings. The chairman's letter of 1 May 2003, although drafted as a letter, set a deadline and indicated that the case would be decided without the accused's personal attendance and hearing. Treating it as a procedural order and denying a separate complaint was therefore not obviously untenable. The Court also left open whether an irreparable legal disadvantage existed, because the complaint would fail in any event.