Questione giuridica chiave
Whether the federal criminal nullity complaint was admissible despite the availability of a cantonal appeal against the challenged judgment.
Decisione estratta
The complaint was inadmissible because the challenged decision was not a final cantonal decision within the meaning of the applicable former procedure.
Motivazione estratta
Under the former procedural law, the remedy of nullity complaint required a last-instance decision. Since an appeal to the Cantonal Higher Court was available and was actually filed, the condition of finality was not met.