Questione giuridica chiave
Whether the dismissal of the investigation for property damage was compatible with in dubio pro duriore.
Decisione estratta
The case was not a clear case of impunity; the evidence left open whether the respondent acted with eventual intent, so dismissal was premature.
Motivazione estratta
The known risks, lack of an excavation plan, proximity to the neighboring building, and the expert evidence created significant indications that intent could not be excluded with sufficient clarity. In doubtful cases, the prosecutor had to bring charges rather than decide the merits through dismissal.