Kernrechtsfrage
Whether the nullity appeal was admissible against the cantonal refusal to proceed.
Extrahierter Entscheid
The challenged decision was a non-prosecution decision ending the criminal action and was therefore open to a nullity appeal by the cantonal public prosecutor.
Extrahierte Begründung
A decision by an accusation authority that refuses to proceed and terminates the prosecution on the reported charge qualifies as a non-prosecution decision under federal procedural law.