Kernrechtsfrage
Whether the cantonal prosecutor could file a federal cassation complaint alleging misapplication of constitutional and statutory rules on necessary defense.
Extrahierter Entscheid
No. The prosecutor had no standing to invoke constitutional rights in this remedy and its objections under the cited federal provisions were misplaced.
Extrahierte Begründung
The cassation complaint lay only for violation of federal law, while constitutional complaints were reserved to private parties and corporations. Public prosecutors were excluded from that remedy, so they could not attack the cantonal decision on the asserted constitutional grounds.