Bekanntmachung vorgeschrieben durch Artikel 74 des Sondergesetzes vom 6. Januar 1989 In seinem Urteil vom 30. Oktober 2007 in Sachen G. S. und E. P., dessen Ausfertigung am 9. November 2007 in der Ka
Bekanntmachung vorgeschrieben durch Artikel 74 des Sondergesetzes vom 6. Januar 1989
In seinem Urteil vom 30. Oktober 2007 in Sachen G. S. und E. P., dessen Ausfertigung am 9. November 2007 in der Kanzlei des Hofes eingegangen ist, hat der Kassationshof folgende pr‰judizielle Frage gestellt:
´ Verstˆsst Artikel 235ter und/oder Artikel 416 Absatz 2 des Strafprozessgesetzbuches gegen die Artikel 10 und 11 der Verfassung, indem darin keine direkte Kassationsbeschwerde gegen ein Urteil der Anklagekammer bei einer Pr¸fung der vertraulichen Akte gem‰ss den Artikeln 189ter und/oder 235ter des Strafprozessgesetzbuches, wobei es sich um ein vorbereitendes Urteil handelt, vorgesehen ist, w‰hrend Artikel 416 Absatz 2 des Strafprozessgesetzbuches in Abweichung von Absatz 1 dieses Artikels eine direkte...
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