Key legal question
Whether the cantonal complaint against the non-entry order was filed in time when mailed to a foreign post office on the last day of the deadline.
Extracted holding
A filing sent through a foreign post office is timely only if it is taken over by Swiss Post by the last day of the deadline; that was not shown here.
Extracted reasoning
Under Art. 91 CPP, the decisive act is delivery to Swiss Post, not mere entry into Switzerland. The burden of proving timely delivery to Swiss Post lies with the sender. Tracking data showed receipt in Zurich only on 10 July 2011, so the complaint was late.