Facts
The complainant [A.] had acquired and possessed weapons several times, although this had been prohibited by the security police of Appenzell Ausserrhoden. Proceedings were initiated against him, and he was convicted of multiple disobedience against official orders, multiple violations of the Weapons Act, and forgery of documents. The complainant lodged an objection against the penalty order, and the Cantonal Court of Appenzell Ausserrhoden declined to consider the indictment because it declared itself not locally competent. The Higher Court of Appenzell Ausserrhoden overturned this decision and referred the case back to the Cantonal Court.
The complainant requested the annulment of the Higher Court's decision and a decision not to consider the indictment. The Public Prosecutor's Office and the Higher Court waived their right to comment.
Considerations
The Federal Court examined the admissibility of the complaint and found that the complainant has a factual interest in disputing the local jurisdiction of the Appenzell criminal and court authorities, but it is not obvious whether he has a legally protected interest. The complainant had not demonstrated his entitlement to lodge a complaint, and the complaint was therefore inadmissible.
The Federal Court further stated that the jurisdiction of the authority handling the criminal proceedings must be challenged immediately, at the latest with the conclusion of the…