Kernrechtsfrage
Whether an oral extension of a criminal complaint made before the trial judge is valid without being entered in the record and signed by the complainant.
Extrahierter Entscheid
No. Such an oral complaint is valid only if it is recorded in the minutes and signed by the complainant.
Extrahierte Begründung
Section 78(3) StPO required the complaint to be protocoled and signed. The file and trial record did not show that a new complaint for the later period had been formally filed, so the procedural prerequisite for prosecution was missing.