When he considers that the facts brought to his attention pursuant to the provisions of Article 40 constitute an offence committed by a person whose identity and domicile are known and for whom no legal provision prevents the initiation of public proceedings, the Public Prosecutor with territorial jurisdiction shall decide whether it is appropriate:
1° Either to prosecute;
2° Or to implement an alternative procedure to prosecution pursuant to the provisions of articles 41-1,41-1-2 or 41-2;
3° Or to discontinue the proceedings where this is justified by the particular circumstances surrounding the commission of the offences.