Questão jurídica principal
Whether the recourse against the dismissal of the criminal investigation was filed within the statutory time limit
Decisão extraída
The ten-day appeal period expired on 1996-12-23; § 47bis StPO did not apply to the investigation stage, so the recourse filed on 1997-01-09 was late.
Fundamentação extraída
The suspension rule in § 47bis StPO applies only to court proceedings, not to investigative proceedings. A recourse against a dismissal decision is not handled in a court proceeding.