Kernrechtsfrage
Whether the refusal to proceed with the complaint for non-payment of the advance of costs was lawful.
Extrahierter Entscheid
Yes. The complainant was duly informed that payment of the advance was required to open the investigation, but he did not pay within the deadline and did not request restitution of the time limit.
Extrahierte Begründung
Under Art. 174a para. 1 CPP, the judge may require an advance of costs in complaint-only offences; under para. 3, failure to pay within the deadline, absent an exemption, justifies refusal to proceed under Art. 176 CPP.