Question juridique clé
Whether the prosecutor lawfully declined to open an investigation under Art. 310(1)(a) CPC
Solution extraite
The non-entry was lawful because the facts clearly indicated a civil dispute and no concrete indicia of embezzlement or fraud.
Motifs extraits
Under in dubio pro duriore, non-entry is permitted only if criminality is clearly excluded. Here the lower authorities could conclude, with restraint, that the accused had made efforts to return the equipment and that the dispute concerned a failed business collaboration and the fate of the cargo, not a criminal appropriation or deceit.