Questão jurídica principal
Whether the constitutional complaint was admissible against the Obergericht's decision of 2 February 2004
Decisão extraída
The complaint was inadmissible because the challenged cantonal decision was not final; a cantonal nullity complaint remained available.
Fundamentação extraída
Under Art. 86(1) OG, constitutional complaints lie only against final cantonal decisions. Both the Obergericht and the Kassationsgericht stated that the order was not a last-instance decision because a cantonal nullity complaint was still open under § 428 Ziff. 2 StPO/ZH.