Kernrechtsfrage
Whether reliance on an incorrect cantonal appeal instruction against a defense-fee decision excused the missed 10-day StPO deadline.
Extrahierter Entscheid
The appellant was not grossly negligent; in view of the contradictory statutory remedies and the incorrect official instruction, he could rely on the instruction.
Extrahierte Begründung
Although the StPO provides a 10-day complaint period, the cantonal introduction law still contained a 20-day period. Because the statutory situation was conflicting and the lack of cantonal competence was not obvious without consulting case law and doctrine, reliance on the false instruction was protected.