Admissibility of the appeal against the decision of the public prosecutor's office on the removal of files

Facts

The public prosecutor's office of the canton of Basel-Stadt is conducting a criminal investigation against [A.] for fraud. [A.] requested that the documents originating from a secret observation by the disability insurance be removed from the files, as such observations are inadmissible. The public prosecutor's office rejected the request. The Court of Appeal of the canton of Basel-Stadt did not enter into A.'s appeal.

[A.] appeals to the Federal Supreme Court by way of criminal appeal and requests that the decision of the Court of Appeal be set aside and that the Court of Appeal be instructed to deal with his appeal on the merits.

Considerations

The Federal Supreme Court upholds the appeal. It holds that the rejection of the request for the removal of files by the public prosecutor's office is subject to appeal under the Code of Criminal Procedure. The Code of Criminal Procedure neither provides for an exclusion of the appeal in such cases, nor does it require the existence of an irreparable disadvantage for this purpose.

The Federal Supreme Court states that neither the legislative history, the purpose and meaning, nor the context of the provisions reveal any compelling reasons to deviate from the clear wording of the law…