Kernrechtsfrage
Whether third-party security may be used to cover costs and compensation imposed on the accused.
Extrahierter Entscheid
No. Only security provided by the accused may be used to cover imposed costs and compensation; a third party’s deposit cannot be used for that purpose.
Extrahierte Begründung
Article 239(2) StPO allows use of the released security for costs and compensation only in relation to security provided by the accused. The lower court admitted the deposit was paid by the applicants, not by the accused, so the set-off order was erroneous. The issue was also effectively resolved by the contemporaneous annulment of the accused’s cost orders in the related case.