Whether the refusal to proceed with the complaint due to non-payment of the advance fee was lawful.
Yes. In complaint-only offences, the judge may require an advance of costs; if it is not paid within the set time and no exemption is obtained, the judge must refuse to proceed.
The appellant was informed of the CHF 300 advance and of the possibility to request exemption with financial information. He did not pay within the deadline and did not timely notify the investigating judge of his tutelage or financial difficulties. The omission was therefore attributable to him, not the judge.