Kernrechtsfrage
Whether the no-prosecution decree was unlawful because sufficient indications of an offence existed and the prosecutor should have opened an investigation.
Extrahierter Entscheid
The authorities could validly refuse to open proceedings because the available facts did not provide sufficient indications of a crime.
Extrahierte Begründung
Under Art. 310 CPP and the in dubio pro duriore principle, prosecution may be declined only when punishability is clearly excluded. Here, the circumstances surrounding access to the apartment and the absence of signs of forced entry justified the conclusion that no sufficient criminal indications existed.