Facts

# Setting Aside the Nullity Decision and Remission for Substantive Review **Parties:** - **Appellant:** [A.] , represented by attorney Angelina Grossenbacher - **Respondent:** Public Prosecutor's Office of the Canton of Bern **Lower Court:** Cantonal Court of Bern, Criminal Appeals Chamber **Facts:** - The Regional Public Prosecutor's Office Emmental-Oberaargau is conducting a criminal investigation against [A.] for violations of the Narcotics Act and the Road Traffic Act. - By letter dated July 20, 2020, [A.] was informed about a police observation from September 11 to October 10, 2019. - On July 28, 2020, [A.] filed an appeal with the Cantonal Court of Bern, requesting the cancellation of the notification of the observation and instructing the Public Prosecutor's Office to complete the files. - The Cantonal Court dismissed the appeal by decision of September 7, 2020. - On October 13, 2020, [A.] filed an appeal in criminal matters with the Federal Supreme Court. **Reasoning:** The Federal Supreme Court notes that this is a final cantonal decision in a criminal case against which the appeal is possible under the conditions of Art. 92 FSCA. FSCA. The appeal is admissible as it concerns a formal denial of justice, and the requirement of irreparable harm under Art. 93 para. 1 lit. a FSCA is not necessary. The Cantonal Court had not admitted the appeal, as it saw no legally protected interest in the "cancellation\" of the notification letter and is generally not authorized to issue instructions to the Public Prosecutor's Office. However, the Federal Supreme Court notes that it is clear from the appeal of July 28, 2020, that the appellant is concerned with the observation itself. The complaint of a violation of Art. 29 para. 1 Cst. is therefore justified. The Federal Supreme Court upholds the appeal and remits the case to the Cantonal Court for substantive review. No court costs are to be charged, and the Canton of Bern is to pay the appellant a party compensation of CHF 1,500. **Referenced Judgments:** - BGE 143 I 344 - BGE 138 IV 258 - BGE 137 III 617 - BGE 139 I 206 - 1C_37/2020 - 1B_40/2016 - 5A_164/2019 **Referenced…