Question juridique clé
Whether the federal appeal against the cantonal ruling on restitution of time and admissibility of the opposition was immediately admissible.
Solution extraite
No immediate federal appeal lay because the cantonal decision was incidental and the prosecutor failed to show an irreparable legal prejudice or the conditions for avoiding a long and costly evidentiary procedure.
Motifs extraits
The ruling did not end the criminal proceedings. The prosecutor could later challenge any acquittal by invoking the lateness of the opposition, and delay or extra workload is not irreparable prejudice. The evidentiary burden was not shown to depart markedly from ordinary criminal proceedings.