Inadmissibility of interim relief in criminal proceedings for lack of substantiation on merits prospects

The Federal Constitutional Court (Second Senate, Third Chamber) dismissed the applicant's request for a temporary injunction as inadmissible, resulting in the respondent's procedural victory. The dispute involved a criminal procedural matter where the applicant sought urgent interim relief but failed to provide a sufficiently substantiated statement of the underlying conditions for constitutional review. The decisive legal basis was § 32 Abs. 1 of the Federal Constitutional Court Act (BVerfGG), under which the applicant did not adequately demonstrate that a main constitutional complaint would be both admissible and not obviously unfounded, rendering the interim relief application non-compliant with jurisdictional requirements.