Kernrechtsfrage
Whether the objection against the penalty order had to be treated as timely because the legal remedy instruction in the non-prosecution decision was misleading.
Extrahierter Entscheid
The accused could rely on the incorrect and confusing legal remedy instruction; his objection was therefore timely.
Extrahierte Begründung
A lay party represented by counsel was not grossly negligent in relying on an instruction that suggested the whole decision, including the announced penalty-order proceedings, could be challenged. He was not required to verify the cited provisions and had no reason to expect further procedural steps before the appellate decision.