Question juridique clé
Whether the cost order after dismissal under Art. 55a StGB was compatible with Art. 426(2) StPO and the presumption of innocence.
Solution extraite
The cost order could not stand because the lower court relied on the same disputed facts as in the dismissed criminal case without showing clearly proven civil-law fault; this amounted to an impermissible criminal-law reproach.
Motifs extraits
Costs may be imposed on an acquitted or non-convicted person only if he clearly and culpably violated a legal norm in a civil-law sense. Here the alleged conduct was disputed, not admitted, and not clearly proven; the hospital notes merely repeated the wife's allegations. By basing costs on those allegations, the court infringed the presumption of innocence.