Kernrechtsfrage
Whether a penal order convicting the accused must be formally served on the complainant/applicant who has appeal rights.
Extrahierter Entscheid
Yes. If the complainant or applicant is entitled to appeal, the penal order must be formally notified to them so they can use the remedy.
Extrahierte Begründung
Section 135 StPO regulates the form and content of the penal order, including costs and party compensation. A complainant who expressly seeks compensation has a right to challenge the cost/compensation ruling; therefore, to make that right effective, the penal order must be served. The court relied on the systematic comparison with decisions not to pursue a complaint, dismissal orders, and forfeiture orders, all of which are formally notified to complainants or third parties with appeal rights.