Questão jurídica principal
Whether the district court president may terminate a criminal complaint referred by the investigating judge by issuing a non-prosecution decision.
Decisão extraída
No. Once the investigating judge has referred the case, only that authority may decide not to proceed; the district court president may only conduct the preliminary investigation, refer the file back if a prison sentence over three months is considered, discontinue the proceedings, or render judgment.
Fundamentação extraída
Sections 80 and 86 StPO allocate the initial decision on whether there is sufficient suspicion and whether proceedings should be opened to the investigating judge. The president cannot become a second, lower review instance for that initial decision; the system provides no basis for a non-prosecution decision by him.