Key legal question
Whether the suspension of proceedings in case SK.2008.21 should be lifted
Extracted holding
Yes. The suspension had to be lifted because the later discontinuance by the Federal Prosecutor left no basis to continue the case.
Extracted reasoning
By analogy to the StPO, the return of the indictment transferred pending status back to the Federal Prosecutor; after the prosecutor discontinued the investigation, the conditions for continuing the criminal case were no longer met.