Admissibility of isolated constitutional complaint in criminal proceedings: Requirement of substantive demonstration that main application is neither inadmissible nor manifestly unfounded under § 32 Abs. 1 BVerfGG

The Federal Constitutional Court dismissed the applicant's request for a preliminary injunction, rendering the decision final and unappealable. The dispute concerned an isolated emergency application filed in criminal proceedings, where the applicant sought immediate relief from constitutional review. The court held that the application was inadmissible because it lacked sufficient substantiation regarding the prerequisites for provisional relief, specifically failing to demonstrate that a subsequent main application would not be inadmissible or manifestly unfounded. The decision rests on § 32 Abs. 1 of the Federal Constitutional Court Act (BVerfGG), which requires applicants to substantively prove the viability of their main constitutional complaint to warrant interim measures.