Kernrechtsfrage
Whether the refusal to proceed with the complaint was justified because the alleged facts disclosed no criminal offence.
Extrahierter Entscheid
The challenged conduct did not correspond to any criminal offence, so a conviction could be excluded with certainty and the refusal to proceed was proper.
Extrahierte Begründung
A refusal to proceed on the merits is justified only when a conviction or finding of guilt can be excluded from the outset with certainty. Here, the allegations against the three respondents did not amount to a criminal offence.