Whether the complaint disclosed fraud under Art. 146 CP, in particular astuteness.
No. The alleged mendacious statements intended to arouse compassion did not amount to astuteness, and the complainant could have protected himself with minimal prudence; the fraud elements were not met.
A refusal to proceed is justified only when conviction is excluded with certainty. Fraud requires deception that is astute. Here, generic lies made to evoke sympathy were not sufficiently sophisticated, and there was no established exploitation of any known fragility of the complainant.