Whether the refusal to proceed could stand regarding alleged breaches of commitments not to contact the child.
Yes. Because the prior judgment and divorce agreement did not attach any sanction or Article 292 CP warning to those undertakings, a conviction could be excluded.
The court held that a refusal to proceed is justified only if conviction can be excluded with certainty. Here, the alleged breach of private undertakings did not itself disclose a punishable offense.