Questione giuridica chiave
Whether the prosecution was entitled to appeal the refusal of the surveillance measure
Decisione estratta
Yes. The prosecution had standing and the refusal could cause irreparable harm in a serious criminal investigation.
Motivazione estratta
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.