Questão jurídica principal
Whether the dismissal of the investigation for false accusation violated the principle in dubio pro duriore.
Decisão extraída
The dismissal was permissible because there were no indications that the respondent had knowingly made false factual allegations; a conviction for false accusation was highly unlikely.
Fundamentação extraída
A false accusation requires knowingly untrue factual statements made to trigger prosecution. The respondent’s allegations led at least partly to the appellant’s conviction, while the remaining sexual-coercion count had only been dismissed for lack of proof. That the respondent may have overestimated the legal significance of the conduct does not satisfy Art. 303 StGB.