Questione giuridica chiave
Whether the prosecutor's federal recourse was admissible after its joint appeal became caduc due to inadmissibility of the principal appeal
Decisione estratta
No. A joint appeal has no independent scope; once the principal appeal is inadmissible, the joint appeal falls away, so the prosecutor cannot challenge that inadmissibility before the Federal Tribunal.
Motivazione estratta
The court held that a joint appeal is accessory to the principal appeal and only exists if the appellate court enters into the principal appeal. Because the cantonal court did not examine the prosecutor's joint appeal, the grievance failed to exhaust cantonal remedies within the meaning of Art. 80 para. 1 LTF.