Kernrechtsfrage
Whether the blood sample and IRM toxicology report were admissible
Extrahierter Entscheid
The blood draw was ordered by an incompetent authority and required a concrete prosecutorial order; the resulting blood analysis was inadmissible.
Extrahierte Begründung
Blood sampling is a coercive measure under the StPO. Police may not rely on a general standing authorization; the prosecutor had to decide in the individual case. The breach of this validity rule led to a relative exclusion under Art. 141 Abs. 2 StPO, and the report had to be removed from the file under Art. 141 Abs. 5 StPO.