Question juridique clé
Whether the revision request based on withdrawn complaint was manifestly abusive and inadmissible under Art. 412 CPP.
Solution extraite
The request was not abusive; the accused could reasonably rely on the withdrawal of the complaint and had no duty to raise the point by opposition before seeking revision.
Motifs extraits
Abuse of rights is reserved for situations where revision is used for purposes foreign to its legal aim. Here the accused learned of the proceedings only upon receipt of the penal order, reacted immediately, and could legitimately believe that the complaint withdrawal would lead to cancellation of the order. Mere negligence did not make the revision request abusive.