Questão jurídica principal
Whether the appellate court could refuse to enter into the prosecution's appeal and discontinue the case due to a process bar
Decisão extraída
Yes. A final process bar may be examined by the appellate court itself, and it may discontinue the proceedings without a full appeal hearing.
Fundamentação extraída
The ne bis in idem bar is a negative procedural prerequisite. If a definitive process obstacle exists, the appellate court may issue a discontinuance under Art. 403 StPO; a remittal would be a pointless formal exercise.