Questão jurídica principal
Whether the prosecutor’s application under § 138(2) StPO must be served on the parties before the commission decides.
Decisão extraída
As a matter of practice, the application is not served on the parties; they can present their position in the appeal or, if applicable, in the response, and receive the application later as an annex to the decision for orientation.
Fundamentação extraída
The parties have an opportunity to state their position in the ensuing procedure, so prior service of the prosecutor’s application is not required. This practice was expressly upheld by the Federal Supreme Court in the cited 1998 judgment.