Questione giuridica chiave
Whether the prosecutor correctly declined to open proceedings for violation of official order under Art. 292 StGB
Decisione estratta
Yes. The underlying civil orders were issued by a territorially incompetent authority, the order was directed only at B.___'s organs in Italy, and the order was not shown to be enforceable in Italy; thus criminal liability under Art. 292 StGB was excluded.
Motivazione estratta
Art. 292 StGB requires a valid order by a competent authority and enforceability. The civil chamber later found it lacked territorial jurisdiction; in any event, the addressee was B.___'s organs, not C.___'s, and the conduct occurred in Italy.