Kernrechtsfrage
Whether the criminal prosecutor could refuse to enter the case under Art. 310 CPP for manifest lack of offence elements.
Extrahierter Entscheid
No. The file contained doubts about the origin of the injuries, so the absence of offence elements was not manifest.
Extrahierte Begründung
Under in dubio pro duriore, a non-entry order is allowed only when punishability is clearly excluded. The medical findings, timing, and witness statements left unresolved whether the injuries stemmed from the alleged assault or a bicycle fall.