Kernrechtsfrage
Whether the renewed prosecution for sexual coercion was barred by ne bis in idem after the first indictment was not admitted as time-barred.
Extrahierter Entscheid
No. The first proceeding ended only with a refusal to admit the indictment for limitation reasons under a different offence; it did not finally decide the merits or preclude prosecution under sexual coercion.
Extrahierte Begründung
The earlier ruling addressed only limitation under Art. 187 StGB and did not decide the underlying conduct under all applicable legal qualifications. In addition, the two offences protect different legal interests and stand in genuine concurrence, so the later prosecution under Art. 189 StGB was not barred.