Facts
The complainant [X.] was sentenced by the High Court of the Canton of Zurich to 30 days in prison for violating Art. 56 para. 1 lit. a and multiple violations of Art. 56 para. 1 lit. c of the Federal Act of 18 December 1998 on Games of Chance and Casinos (Casino Act, SBG). Against this judgment, [X.] filed a constitutional complaint, which the Federal Court upheld with judgment 6P.17/2006 of 14 December 2006. The Federal Court decided that the indictment, which was considered to be the referral decision of the Federal Casino Commission (ESBK) of 23 April 2004, was defective and that the High Court's judgment was therefore in violation of the principle of indictment. The judgment was therefore annulled and the case was referred back to the High Court for re-evaluation.
The High Court of the Canton of Zurich referred the case to the ESBK with a decision of 11 April 2007 for continuation of the investigation and subsequent submission of a new referral report in the sense of an indictment or for the issuance of a dismissal order. Against this decision, [X.] files a complaint in criminal matters and requests its annulment and the referral of the case to the lower court for re-evaluation.
Considerations
The Federal Court examines the admissibility of the complaint in criminal matters. It finds that the complaint against final decisions in criminal matters is admissible (Art. 78 para. 1 FSCA; Art. 80 para. 1 FSCA). The ACLA of 22 March 1974 is applicable, and the cantonal criminal courts are generally competent for the judicial assessment of administrative criminal cases (Art. 21 and Art. 73 ff. ACLA).
The Federal Court decides that the referral decision of the High Court of the Canton of Zurich does not conclude the proceedings (Art. 90 FSCA) and is therefore not a final decision. It also examines whether the decision is a self-contained intermediate decision within the meaning of Art. 93 para. 1 FSCA, which could cause irreparable harm or immediately lead to a final decision and thus save significant time or…