Commentaries: Art. 319

The public prosecutor shall order the complete or partial abandonment of the proceedings if:
1. no suspicions are substantiated that justify bringing charges;
2. the conduct does not fulfil the elements of an offence;
3. grounds justifying the conduct mean that it does not constitute an offence;
4. it is impossible to fulfil the procedural requirements or procedural impediments have arisen;
5. a statutory regulation applies that permit the public prosecutor to dispense with bringing charges or imposing a penalty.
It may also abandon the proceedings by way of exception if:
1. this is essential in the interests of a victim who was under the age of 18 at the time of the offence and this interest clearly overrides the interest of the state in a prosecution; and
2. the victim or in the event that the victim lacks legal capacity, his or her legal agent consents to the abandonment.