Kernrechtsfrage
Whether the non-entry order under Art. 310 StPO was lawful despite serious injury and disputed safety responsibility.
Extrahierter Entscheid
No. Where a serious bodily injury occurred and third-party criminal responsibility cannot be ruled out without detailed fact-finding, the case must be opened as a criminal investigation.
Extrahierte Begründung
Art. 310 StPO applies only in clear cases where the offence is evidently not fulfilled. Here, assessing possible negligence required witness hearings and other investigation; the cantonal courts had already engaged in a merits-like assessment, exceeding the non-entry stage.