Question juridique clé
Whether the non-entry order on the false accusation complaint had to be set aside
Solution extraite
No. The complainant had concrete and serious reasons to file the report and did not act with certain knowledge of falsity.
Motifs extraits
Art. 303 StGB requires direct knowledge that the accused is innocent; here the complainant relied on alarming statements from the daycare head and advice from professionals, so at most uncertainty existed, which is insufficient.