Kernrechtsfrage
Whether the prosecution lawfully refused to open proceedings against B.___ for the traffic accident
Extrahierter Entscheid
The non-entry decision was lawful because the file contained no concrete indications of a traffic-rule or negligence offence by B.___.
Extrahierte Begründung
Under the in dubio pro duriore standard, a non-entry order is permissible only where criminal liability is clearly excluded. The eyewitness account and the surrounding evidence supported the conclusion that the cyclist made a sudden leftward swerve and that the car maintained sufficient distance.