Question juridique clé
Whether the prosecution was entitled to appeal the refusal of the surveillance measure
Solution extraite
Yes. The prosecution had standing and the refusal could cause irreparable harm in a serious criminal investigation.
Motifs extraits
Under Art. 81 BGG, the word 'especially the prosecution' includes a legitimate interest in challenging a refusal of secret surveillance. The denial could lead to an irretrievable loss of evidence in serious cases.