Key legal question
Whether a cassation complaint under Art. 162 OG is admissible against a municipal police decision refusing to initiate criminal proceedings when cantonal ordinary appeal remains available.
Extracted holding
The complaint is inadmissible because the challenged municipal decision can still be brought by an ordinary cantonal remedy to the Statthalter.
Extracted reasoning
Art. 162 OG presupposes a cantonal decision that is no longer open to an ordinary appeal transferring equivalent review to a higher instance. Under Zurich law, negative police decisions of municipal councils may be appealed to the Statthalter, so the federal cassation remedy is excluded.