Key legal question
Whether the appeal against the refusal to proceed was filed within the statutory time limit under Art. 301 CPP.
Extracted holding
No. The decision was received on 2009-05-29, the deadline expired on 2009-06-08, and the appeal posted on 2009-06-09 was late.
Extracted reasoning
The court held that the 10-day period begins the day after notification; the simple mailing did not prevent proof of receipt by the handwritten note on the envelope. Because the filing was out of time, the appeal had to be dismissed as inadmissible.