Whether the refusal to proceed on the criminal complaint was lawful because conviction for breach of official secrecy was excluded at the outset.
Yes. The complainant provided no concrete indication that the objective or subjective elements of the offence were met, so conviction was clearly excluded.
A refusal to proceed is justified when the available facts allow one to exclude a conviction with certainty. Here, there were no tangible indications of a breach of official secrecy under Art. 320 CP.