Kernrechtsfrage
Whether the appeal against the refusal-to-proceed order was filed within the 10-day deadline
Extrahierter Entscheid
The appeal was untimely because it was posted on 2009-09-18, while the complainant had already received the decision before 2009-09-09 at the latest.
Extrahierte Begründung
The court applied Art. 301 para. 1 CPP and held that even allowing for postal delivery by B-post, the decision would have reached the complainant well before 2009-09-08; the complainant's own explanation that he only read it on 2009-09-09 implied earlier receipt.