Question juridique clé
Whether the first-instance costs could be charged to X. under Art. 426 para. 2 CPP after withdrawal of the complaint in a complaint-only offense.
Solution extraite
Yes. X. had illicitly and at fault provoked the opening of the proceedings by forcibly stopping and pushing Y., so the cost allocation was lawful despite the absence of a conviction.
Motifs extraits
For complaint-only offenses, withdrawal of the complaint ends the criminal action, but costs may still be imposed if the accused unlawfully and culpably caused the proceedings or made them harder. The Federal Court found the lower court could rely on X.'s self-help conduct, which was causally linked to the proceedings.