48In view of the foregoing considerations, a decision terminating criminal proceedings, such as the decision in issue before the referring court — which was adopted in a situation in which the prosecuting authority, without a more detailed investigation having been undertaken for the purpose of gathering and examining evidence, did not proceed with the prosecution solely because the accused had refused to give a statement and the victim and a hearsay witness were living in Germany, so that it had not been possible to interview them in the course of the investigation and had therefore not been possible to verify statements made by the victim — does not constitute a decision given after a determination has been made as to the merits of the case.
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