Kernrechtsfrage
Whether the criminal investigation had to be continued under in dubio pro duriore rather than dismissed
Extrahierter Entscheid
The dismissal was lawful because, on the record, a conviction was not more likely than an acquittal and no clear criminality was shown.
Extrahierte Begründung
The evidence did not sufficiently support the alleged offences; the appellate court found no arbitrariness or violation of the investigation principle.