Questão jurídica principal
Whether the criminal complaint was filed within the federal appeal deadline
Decisão extraída
No. The filing was late because the deadline began after the Christmas recess and expired on 2008-02-01; posting on 2008-02-04 was out of time.
Fundamentação extraída
Under Art. 100(1) BGG, the complaint had to be filed within 30 days. Because the challenged order was served during the statutory court recess, the time limit started only after the recess ended. The appellant's own service date led to expiry on 1 February 2008.