Questão jurídica principal
Whether the prosecutor correctly refused to enter into the case because the three-month complaint period had expired.
Decisão extraída
Yes. The complaint was filed after the three-month period under the Criminal Code had already lapsed, so a valid procedural prerequisite was missing.
Fundamentação extraída
For the alleged offence under Art. 180 in conjunction with Art. 31 StGB, the decisive date was 2018-09-09 and the complaint was only filed on 2018-12-15. Without a timely complaint, the alleged seriousness of the threats and the offer of witnesses were irrelevant.