Whether the refusal to proceed with the criminal complaint was justified because the record excluded any conviction for breach of trust, fraud, or false testimony.
The file did not contain sufficient indications of the alleged offences, and the dispute appeared to concern civil association law rather than criminal liability.
A refusal to proceed is permissible only when conviction can be excluded immediately and with certainty. Here, the association had ceased operations, the liquidation was approved, and the evidence did not show criminal conduct by the committee members.