Questão jurídica principal
Who is competent to reopen a finally discontinued criminal investigation under Art. 157 StPO?
Decisão extraída
The court held that reopening is governed by the rules on the intermediate procedure and is not for the court itself, but for the authorities that ordered the discontinuance; if the court sees grounds for reopening, it must suspend the case and request the prosecution to initiate reopening.
Fundamentação extraída
A final discontinuance is dealt with in the provisions on the intermediate procedure (Arts. 152-160 StPO). Competence therefore remains with the authority that issued the discontinuance, not with the trial court.