Questione giuridica chiave
Whether the federal criminal appeal was admissible against a cantonal remand order in an ongoing prosecution
Decisione estratta
The appealed decision was an interim order that did not concern jurisdiction or disqualification and was therefore only challengeable if it caused irreparable legal harm or if immediate admission could end the case and avoid extensive evidence-taking.
Motivazione estratta
The appellants did not show any irreparable legal harm under Art. 93(1)(a) BGG. A remand order annulling a non-prosecution decision generally does not create such harm because discontinuance or acquittal remains possible. They also failed to show that Art. 93(1)(b) BGG was met, as they did not demonstrate a significant time or cost saving from avoiding extensive evidence proceedings.