Question juridique clé
Whether the criminal prosecutor could refuse to enter the case under Art. 310 CPP for manifest lack of offence elements.
Solution extraite
No. The file contained doubts about the origin of the injuries, so the absence of offence elements was not manifest.
Motifs extraits
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.