Questão jurídica principal
Whether the refusal to open a criminal investigation for theft or embezzlement was lawful under Art. 310 Abs. 1 lit. a StPO.
Decisão extraída
The refusal was lawful because the accused lacked intent of unlawful enrichment and intent to permanently deprive the owner; the facts clearly did not support theft or embezzlement.
Fundamentação extraída
The camera was retained only as leverage for an asserted wage claim and later handed to police. Even if the accused’s belief in the claim was mistaken, negligent conduct is not punishable under the relevant theft and embezzlement provisions.