Key legal question
Whether criminal investigation and trial costs may be imposed on the estate of a deceased accused without express statutory basis
Extracted holding
No. The costs burden could not be transferred to the estate because the Bernese Criminal Procedure Act did not expressly provide for such liability and the cost obligation arose only with the cost order, after the accused had already died.
Extracted reasoning
Public procedural costs are causal charges whose liable persons must be defined by statute. The Bernese law named the accused, not the estate or heirs, and the cost order was constitutive rather than merely declaratory; therefore no legal succession of the cost claim could occur after death.