Questão jurídica principal
Whether the cantonal court violated the principle in dubio pro duriore by confirming the non-prosecution order and not sending the accused to trial.
Decisão extraída
No. Given the serious credibility problems and evidentiary uncertainties, a conviction was highly improbable and the non-prosecution order could stand.
Fundamentação extraída
The Court held that in dubio pro duriore requires indictment when conviction is plausible or merely possible, but the appellant mainly attacked the assessment of evidence. The Federal Court found no arbitrariness in the cantonal court's evaluation of contradictions, delay in reporting, witness statements, medical reports, and the accused's denial of acquaintance.