Questione giuridica chiave
How should compensation for disadvantages under § 36 StPO be assessed when detention was lawful but unjustified in hindsight?
Decisione estratta
All circumstances of the individual case must be weighed within judicial discretion, especially duration of detention and its professional and family impact.
Motivazione estratta
The detention was not unlawful because it was covered by collusion risk, but it was wholly unjustified in retrospect because the suspicions did not lead to conviction. Compensation therefore depends on the concrete personal consequences, not on a purely abstract tariff.