Question juridique clé
Whether the investigating magistrate's closing order satisfied the accusation principle and right to be heard under § 97(2) StPO.
Solution extraite
The closing order must state the alleged conduct at least summarily; a mere reference to the file is not enough. In this case, however, the concrete allegation in the protocol was sufficient to inform the accused of the offence charged.
Motifs extraits
The closing order functions like an indictment and must define the subject of the judgment precisely. Still, for this minor offence, the description of a large fire and heavy smoke made clear that waste had been burned in breach of the waste ordinance, so the procedural requirement was met.