Facts

The appellant [A.] is being criminally prosecuted by the Public Prosecutor's Office of the Canton of Solothurn on suspicion of money laundering, multiple enforcement fraud and violations of the Federal Act on Lotteries and Commercial Bets (LottA). On 2 June 2016, the Public Prosecutor's Office ordered the separation of the proceedings regarding the violations of the LottA and its transfer to a separate misdemeanor criminal proceedings. Against this separation of proceedings, [A.] filed a complaint, which the High Court of the Canton of Solothurn did not consider due to insufficient reasoning or lack of obvious existence of the right to appeal. Thereupon, [A.] appealed to the Federal Supreme Court in criminal matters.

Considerations

The Federal Supreme Court notes that the appellant as the accused and the addressee of the order is directly affected in his legally protected interests by the ordered separation of proceedings. From the principle of procedural unity under Art. 29 CrimPC, it follows that the appellant has a legitimate interest in being spared the additional effort usually associated with the separation of proceedings and having to make changes to the trial strategy. Furthermore, there is a risk of contradictory decisions if…