Kernrechtsfrage
Whether the constitutional complaint was admissible despite the appellant seeking more than mere annulment and lacking standing on the merits.
Extrahierter Entscheid
The complaint was inadmissible: the constitutional complaint is purely cassatory, and the appellant lacked standing to challenge the substance of the criminal non-entry decision.
Extrahierte Begründung
Under Art. 88 OG, a person allegedly harmed by a criminal act is generally not entitled to complain about a refusal to open or the discontinuation of criminal proceedings unless victim status under the OHG exists. The appellant did not qualify as an OHG victim, and his filing contained no cognizable procedural-rights complaints.