Question juridique clé
Whether the prosecutor lawfully dismissed the case despite conflicting statements and alleged retaliatory conduct.
Solution extraite
The dismissal on the merits was lawful; on the available evidence an indictment would more likely have ended in acquittal, and the retaliatory-brawl context justified discontinuance.
Motifs extraits
The court applied the in-dubio-pro-duriori standard and held that, given the mutually contradictory accounts, lack of independent evidence, and the low public interest in punishing a minor reciprocal altercation, prosecution was not warranted. It accepted that the prosecutor could rely on the retaliatory nature of the incident under Art. 177 Abs. 3 StGB at the pre-trial stage.