Questão jurídica principal
Whether the complainant had standing to appeal against the cost allocation in a private-complaint prosecution
Decisão extraída
Yes. In cantonal procedure for offences prosecuted only on complaint, the injured complainant acts as private prosecutor and may challenge a cost award before the Federal Supreme Court.
Fundamentação extraída
Because the public prosecutor was not entitled to conduct the prosecution, the complainant had the procedural position of an accuser privé under federal appeal rules.