Kernrechtsfrage
Whether the prosecutor's non-entry order was unlawful and had to be set aside.
Extrahierter Entscheid
The non-entry order was lawful because the file revealed no clearly punishable conduct and no sufficient suspicion requiring an investigation.
Extrahierte Begründung
Under Art. 310 StPO and the in dubio pro duriore standard, non-entry is permissible only where criminality is clearly absent; that was the case here.