Whether the prosecutor was entitled to refuse to open criminal proceedings for abuse of authority against the judge and inspectors.
The refusal to open proceedings was upheld because the file showed no manifest elements of abuse of authority: the seizure was necessary for the investigation and the body search complied with police rules.
The court found the seizure proportionate and the body search prescribed by police regulations for detention in a police box, so the statutory elements of Art. 312 CP were manifestly absent.