Questione giuridica chiave
Whether costs may be imposed on a person discharged by non-lieu under Art. 229(2) Fribourg CPP without violating the presumption of innocence.
Decisione estratta
Cost allocation against the discharged accused was impermissible because the cantonal court reasoned as if he were guilty of the offence, contrary to the non-lieu and the presumption of innocence.
Motivazione estratta
Under Art. 229(2) Fribourg CPP, costs may be charged to a discharged accused only if a clearly unlawful conduct outside the offence itself caused or complicated the proceedings. The cantonal court instead relied on a finding of guilt for intentional cannabis cultivation, which is incompatible with the dismissal and with Arts. 32 Cst. and 6(2) ECHR.