Question juridique clé
Whether denial of compensation after discontinuance violated the presumption of innocence
Solution extraite
Yes. The cantonal court's reasoning attributed objectively criminal conduct to the appellant despite the discontinuance and without sufficiently established facts.
Motifs extraits
A costs or compensation denial against a non-convicted person is permissible only if the person clearly breached a legal norm in a civil-law sense on the basis of undisputed or clearly proven facts. Here, the appellant disputed responsibility for the payments, the responsibility issue required full evidentiary clarification, and the statutory warning prerequisite for the offense had not been met.