Key legal question
Whether the appeal was admissible against the cantonal decision annulling a non-entry order and remanding for further investigation.
Extracted holding
The decision was an incidental ruling and no irreparable legal prejudice or immediately final decision saving lengthy and costly evidence proceedings was shown.
Extracted reasoning
Under Art. 93 LTF, incidental decisions are appealable only if they cause irreparable legal harm or satisfy the exception of Art. 93(1)(b) LTF. A mere prolongation of proceedings or additional costs is factual, not legal, harm. A remand for limited further investigation usually causes no irreparable prejudice to the accused.