Robbery: insufficient identification evidence

Provisional dismissal of proceedings auto verified

The situation

A robbery with violence was being investigated. The crucial question was whether the proceedings allowed it to be attributed to a particular person.

What the decision records

The court provisionally dismissed proceedings because there were insufficient grounds to identify the alleged perpetrator. The identification procedure and other evidence did not support that attribution.

What this helps explain

The fact that a criminal act has occurred does not allow conviction without sufficient evidence of participation. The provisional file and the acquittal have different nature and effects.