Key legal question
Whether the cantonal court could uphold a referral to the prosecutor under Art. 329 al. 2 CPP for missing expert evidence.
Extracted holding
Yes. If the preliminary examination shows that an indispensable means of proof is missing, the court may suspend the proceedings and return the case to the prosecutor to complete the indictment.
Extracted reasoning
Art. 329 CPP allows an early screening of whether the case can be judged on the merits. The court may not use it to avoid ordinary trial evidence, but it may act when an essential evidentiary gap already prevents a merits judgment. Here, the psychiatric expert opinion was necessary and the prosecutor was better placed to obtain it.