Questão jurídica principal
Whether the complainant had standing to challenge the refusal to open criminal proceedings
Decisão extraída
She lacked standing on the merits because, as an allegedly injured party, she had only an indirect factual interest in prosecution and was not an OHG victim.
Fundamentação extraída
Under settled case law, the protected legal interest in prosecution belongs to the state; only a victim within the meaning of the OHG may have broader remedies, which was not claimed here.