Whether the refusal to proceed with the private complaint because no advance on costs was paid was correct.
Yes. Although the complainant had requested exemption from the advance, the complaint had no chance of success, so exemption would not have been granted and refusal to proceed was justified.
Under Art. 174a and 176 CPP, failure to pay the advance leads to refusal unless exemption is justified. The court found the alleged statement was not an insult under Art. 177 CP because 'poor type' does not objectively make a person contemptible as a human being.