Questione giuridica chiave
Whether witness statements could be used for the costs order despite no confrontation hearing with the witness
Decisione estratta
Yes. In costs proceedings after a discontinued criminal investigation, §§ 14/15 StPO/ZH do not apply directly; the decisive requirement is that the person concerned was heard and could comment on the evidence.
Motivazione estratta
The court held that the appellant had been able to comment on the witness statements before the costs decision. That satisfied the constitutional right to be heard under Art. 29(2) BV. No arbitrary application of § 14 StPO/ZH was shown.