Key legal question
Whether the cantonal appeal court committed excessive formalism by declaring the complaint inadmissible because the requests sought an indictment instead of only annulment and remittal.
Extracted holding
Yes. The complaint clearly aimed at setting aside the dismissal, so the appeal court should have been able to annul and remit the matter.
Extracted reasoning
Under Art. 397 CPP, the appellate authority may either issue a new decision or annul and remit. Declaring the appeal inadmissible solely because the petitum was inartfully framed was overly formalistic.