Facts
In this case, the complainant ([A.] ) applied for compensation for his expenses in the proceedings pursuant to Art. 429 para. 1 lit. a CrimPC after the criminal proceedings against him were discontinued. The public prosecutor's office had previously requested him to quantify and provide evidence for any claims for compensation, to which he did not respond. The High Court of the Canton of Zurich and ultimately the Federal Supreme Court rejected the claim for compensation, as the complainant had not complied with his duty to cooperate.
Considerations
The Federal Supreme Court stated that the criminal authorities must examine the claim for compensation ex officio pursuant to Art. 429 para. 2 CrimPC, but the accused person must substantiate and provide evidence for their claims. If the party with the burden of proof does not respond to the authority's request to quantify and provide evidence for their claims, this can be interpreted as a waiver.
In the present case, the complainant had not asserted any claim for compensation despite being requested to do so by the public prosecutor's office. Therefore, the Federal Supreme Court assumed a waiver and confirmed the rejection of the claim for…