Questão jurídica principal
Whether the refusal to proceed on the complaint was justified because the alleged conduct could not constitute a criminal offence.
Decisão extraída
Yes. Even if S. had issued decisions concerning social assistance and health insurance, the conduct did not fulfill the elements of omission to assist, exposure, or negligent bodily harm, so a conviction was excluded from the outset.
Fundamentação extraída
A refusal to proceed on substantive grounds is permitted only when a conviction can be excluded immediately and with certainty. The alleged facts did not meet the statutory elements of Art. 128 CP, Art. 127 CP, or Art. 125 CP.