Questione giuridica chiave
Whether the letter of 22 January 2009 could be treated as a take-part/recusal motion under Bernese criminal procedure.
Decisione estratta
No. A letter addressed to a parliamentary commission, containing no application or conclusions and sent while an appeal was already pending, could not be construed as a take-part motion.
Motivazione estratta
The extraordinary and subsidiary remedy of take-part is aimed at procedural authorities and requires a filing that can objectively be understood as such. Given the addressee, the absence of conclusions, and the existing appeal, the cantonal court's contrary interpretation was arbitrary.