Key legal question
Whether the discontinuance of the criminal investigation against B.___ for alleged animal cruelty had to be set aside
Extracted holding
No. The prosecution was entitled to discontinue because a conviction was highly unlikely and the facts could not be established more clearly in further proceedings.
Extracted reasoning
Applying in dubio pro duriore, the court found the available evidence insufficient to support a prosecution. The dog attack situation could not be reconstructed with the necessary certainty, and B.___ could plausibly have acted in justified self-defence to avert an imminent danger to himself or his smaller dog.