Commentaries: Art. 309

The public prosecutor shall open an investigation if:
1. there is a reasonable suspicion that an offence has been committed based on the information and reports from the police, the complaint or its own findings;
2. it intends to order compulsory measures;
3. it has received information from the police in terms of Article 307 paragraph 1.
It may return police reports and criminal complaints that do not contain clear indications that an offence has been committed to the police so that they may carry out additional enquiries.
It shall open the investigation by issuing a ruling in which it shall name the accused and the offence that he or she is suspected of committing. The ruling need not contain a statement of reasons or be made public. It is non-contestable.
The public prosecutor may not open an investigation if it immediately issues a no-proceedings order or a summary penalty order.