Questione giuridica chiave
Whether the letter of 2004-06-07 had to be treated as a valid opposition to the penal order and whether the cantonal court acted arbitrarily in holding the opposition late.
Decisione estratta
The letter was ambiguous and did not oblige the instruction judge to treat it ex officio as an opposition; the appellant had to ensure receipt of court communications, so the opposition was untimely.
Motivazione estratta
The Court applied the principle of trust and the prohibition of excessive formalism, but found that the letter mainly addressed execution of the sentence rather than contesting the order. The appellant used an address where he no longer lived and had to take steps to receive imminent notifications.