Questão jurídica principal
Whether the appellant's conduct justified the award of costs and compensation despite an acquittal
Decisão extraída
Yes. His conduct unlawfully infringed the secretary's personality rights and could foreseeably trigger a criminal complaint, so the cost allocation and compensation order were not arbitrary.
Fundamentação extraída
Under Art. 28(1) ZGB, intentional bodily intrusion can violate personality rights; as an inspection officer, he had no coercive powers under the administrative order or Art. 41(1)(b) VwVG. The conduct was therefore unlawful and adaequately causal for the proceedings.