Kernrechtsfrage
Whether the investigating judge was required to decide the case himself rather than refer it to the police court
Extrahierter Entscheid
The magistrate could still waive his repressive competence and send the case to the police court; the complaint was unfounded.
Extrahierte Begründung
Article 274 CPP allowed the investigating magistrate to renounce exercising his penal competence if he considered it preferable to submit the case to the trial court.