Kernrechtsfrage
How should the procedure preceding a criminal order by the investigating judge be structured and concluded?
Extrahierter Entscheid
A separate criminal order procedure is introduced as the framework for investigative acts before a criminal order; it must be formally opened in cases under § 7(2) GO and may end by dismissal, issuance of a criminal order, or opening of an investigation or preliminary investigation.
Extrahierte Begründung
The existing investigation and preliminary investigation procedures are exhaustively regulated for their termination and do not fit pre-order investigative acts. The court therefore fills the statutory gap through judicial development of the law.