Question juridique clé
Whether the appeal was admissible against the implicit dismissal/non-entry on the fraud charge contained in the penal order.
Solution extraite
Yes. A penal order that convicts only on part of the alleged conduct constitutes an implicit partial dismissal or non-entry on the remaining charge, which may be challenged by complaint.
Motifs extraits
Where the prosecutor issues a penal order for only part of the facts/offences, the unmentioned part is treated as an implicit dismissal. The complainant may then use the appeal route against that implicit discontinuance/non-entry.