Whether the investigating judge correctly refused to proceed with the complaint against the gendarme.
The refusal to proceed was upheld because the alleged facts could not, on their face, support a conviction for abuse of authority or corruption and the allegations were unsubstantiated.
A refusal to proceed is justified only when conviction can be excluded immediately and with certainty. Here, the denunciations did not establish the elements of the charged offences, and the appellant's assertions were incoherent and unsupported.