Kernrechtsfrage
Whether the cost order after dismissal violated the presumption of innocence.
Extrahierter Entscheid
The cost order could not stand because the reasoning relied on an impermissible implication of criminal guilt and the appeal court improperly upheld it by relying on additional reasoning from the prosecutor's response.
Extrahierte Begründung
A cost allocation after dismissal is compatible with the presumption of innocence only if it is based on civil-law blame and not on direct or indirect attribution of criminal guilt. The appellate court may assess only the reasons contained in the dismissal order itself; it cannot cure a defective cost rationale by relying on later submissions.