Kernrechtsfrage
Whether the federal prosecution was entitled to file the cassation complaint and raise constitutional arbitrariness claims
Extrahierter Entscheid
The complaint was admissible as filed by a federal prosecutor acting for the federal attorney; however, the federal prosecution could not invoke constitutional rights or arbitrariness to attack acquittals.
Extrahierte Begründung
Under the transitional regime, federal prosecutors may act in place of the federal attorney. But the prosecutor is not a bearer of constitutional rights, and the special complaint route does not expand standing to invoke Art. 9 BV.