Key legal question
Whether the public-law appeal against the refusal to follow a criminal complaint was admissible under Art. 88 OJ
Extracted holding
No standing existed because the appellant invoked only an indirect factual interest in prosecution, not a legally protected personal interest.
Extracted reasoning
Under Art. 88 OJ, a complainant generally cannot challenge a refusal to prosecute or non-prosecution decision merely to seek punishment of another person; the public power to punish belongs to the state. The appellant’s arguments attacked the merits of the criminal-law assessment rather than a formal denial of justice.