Kernrechtsfrage
When must a criminal investigation be discontinued instead of being sent to trial?
Extrahierter Entscheid
An investigation must be discontinued only where a recognized ground for discontinuance exists, such as the accused's death, limitation, absence or loss of a procedural prerequisite, manifest absence of an element of the offence, or lack of sufficient suspicion.
Extrahierte Begründung
The cantonal code contains mainly procedural rules; the substantive discontinuance grounds are supplied by generally accepted principles. In cases of insufficient proof, the deciding judicial authority must assess the chances of prosecution with due discretion.