Article 645 of the Criminal Procedure Law

  Criminal Procedure Law

If a private complainant appears to support the action, or when the Public Prosecutor's Office believes that the opening of the case is appropriate, oral trial, the Court may, however, agree on the dismissal referred to in number 2 of article 637 if it deems appropriate.

In any other case you will not be able to do without the opening of the trial.

art 645 lecrim

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This article refers to certain cases in which the Court may agree on the dismissal free when the fact is not constitutive of crime.