Facts

In this case, criminal proceedings were initiated against [A.] by the Public Prosecutor's Office of the Canton of Lucerne on May 7, 2013 for granting an advantage (Art. 322quinquies SCC). On April 14, 2015, the Lucerne Public Prosecutor's Office requested the Berlin Public Prosecutor General to take over the proceedings after the accused had moved his residence to Switzerland. The Berlin Public Prosecutor General took over the proceedings on July 29, 2015 and discontinued them on November 15, 2016. On March 17, 2017, the Lucerne Public Prosecutor's Office informed the accused that it would resume the proceedings. The accused filed a complaint against this "resumption" with the Cantonal Court of Lucerne, which dismissed the complaint on June 16, 2017. The accused then appealed to the Federal Supreme Court.

Considerations

The Federal Supreme Court concluded that the decision of the Lucerne Public Prosecutor's Office of March 17, 2017 was not a "resumption" within the meaning of Art. 323 CCP, but either a resumption after an informal stay pursuant to Art. 315 CCP or a reopening of the preliminary proceedings pursuant to Art. 300 para. 1 lit. b CCP.

The Federal Supreme Court examined whether an appeal against this decision was admissible. It concluded that the requirements for an exceptional appeal pursuant to Art. 93 para. 1 lit. a BGG were not met, as the appellant…