Questione giuridica chiave
Whether the investigating magistrate was justified in issuing a non-lieu in the theft investigation.
Decisione estratta
Yes. The file contained no objective element supporting a theft by guards, and the available evidence made it more likely that the kit had been discarded during the transfer and clearance of the detainee's belongings.
Motivazione estratta
The inquiry established that inmates receive a medical kit on arrival and that such kits are systematically thrown away when belongings are cleared without the detainee being present. B.________ had been transferred after a prison riot and had not returned to his cell, so his kit was certainly or very probably discarded. His suspicions against prison guards were unsupported by objective evidence.