Questão jurídica principal
Whether the Federal Supreme Court could hear the appeal against the refusal of suspensive effect in the cantonal criminal appeal
Decisão extraída
The decision was an incidental decision that was appealable only if it caused irreparable legal harm; that condition was not met.
Fundamentação extraída
Any possible continuation of the proceedings or even a later indictment would still allow the appellant to contest the order and request evidence again before a first-instance judgment. A mere procedural disadvantage is not irreparable harm.