Key legal question
Whether the criminal complaint was filed within the statutory time limit and could be entered into
Extracted holding
The complaint was late because the 30-day appeal period expired on 19 September 2008, while the filing was handed to the post only on 22 September 2008.
Extracted reasoning
The contested decision was served on 20 August 2008. Under Art. 100(1) BGG, the deadline ran until Friday, 19 September 2008. A postal submission on Monday, 22 September 2008 was therefore out of time, so the court could not enter into the matter under Art. 108 BGG.