Kernrechtsfrage
Whether the investigating judge could refuse to proceed on the criminal report as manifestly groundless under § 80(1) StPO.
Extrahierter Entscheid
A report may be set aside only if, according to case law and practice, it is manifest that no criminal norm was violated. Where the merits depend on interpreting the criminal law and the legal position is not clear, the matter must be left to the trial judge in ordinary proceedings.
Extrahierte Begründung
The advertisement arguably raised the question whether it constituted an impermissible special-sale-like event under the sales ordinance. Because this required substantive legal assessment and the law was not unequivocally clear, the report could not be dismissed at the investigative stage.