Questão jurídica principal
Whether Art. 58(1) BV and Art. 6(1) ECHR apply to an Amtsstatthalter acting as investigating authority, so that recusal could be based on those guarantees.
Decisão extraída
No. Those guarantees do not apply without limitation to an Amtsstatthalter acting only as an investigating authority; recusal in that capacity is governed at federal level solely by Art. 4 BV.
Fundamentação extraída
The court relied on Swiss and Strasbourg case law holding that an investigating magistrate is not, in this specific function, a court within the meaning of the constitutional judge guarantee. The Luzern Amtsstatthalter acts as a judge only when concluding proceedings by penal order or dismissal; when acting as investigator or prosecutor, only Art. 4 BV governs recusal.