Questione giuridica chiave
Whether the cantonal court violated the presumption of innocence by imposing costs after discontinuing the criminal case for limitation
Decisione estratta
Yes. The reasons given for the cost order amounted to a criminal-law reproach, which is incompatible with the presumption of innocence once the proceedings have been discontinued because the offence is time-barred.
Motivazione estratta
Cost shifting after acquittal or discontinuance is permissible only if based on legally reproachable conduct that caused or complicated the proceedings without implying criminal guilt. Here, the appellate court relied solely on the alleged violation of right of way, which was a criminal accusation, not a separate civil-law fault basis.