Key legal question
Whether a pre-trial dismissal of a private complaint under § 59 StPO is subject to revision under § 255 StPO.
Extracted holding
No. Revision under § 255 StPO is available only against final judgments; a dismissal for lack of prosecution prerequisites or concrete suspicion under § 59 StPO is not a revisable judgment because no merits decision was made.
Extracted reasoning
The court reasoned that the vorderhandweisungsentscheid merely refuses to proceed with a complaint from the outset due to missing conditions for prosecution or insufficient suspicion. Since it contains no substantive assessment, it does not qualify as a judgment capable of revision.