Kernrechtsfrage
Whether refusing compensation after the proceedings were discontinued violated the presumption of innocence and arbitrariness
Extrahierter Entscheid
Yes. The reasoning for denying compensation indirectly suggested criminal guilt, and because the same standard governed costs and compensation, refusal despite the absence of gross fault was arbitrary.
Extrahierte Begründung
The appellate court linked the compensation denial to a finding that the alleged emergency situation was not visible on the photo and that the prosecution was therefore justified, which implied that the appellant had indeed committed the offense. Since § 33(3) StPO used the same fault formula as § 31(2) StPO, the court could not interpret it differently after finding no gross fault for costs.