Whether the refusal to proceed against F.________ was justified because the alleged conduct could not support a criminal conviction.
Yes. The court held that the alleged false statement and alleged complicity could be excluded as criminal offences, so a conviction was impossible with certainty.
A refusal to proceed is proper only when the merits allow a conviction to be excluded from the outset with certainty. The alleged false statement did not disclose any offence, and the supposed principal conduct had already been classified as non-criminal, so no complicity was possible.