Imposition of Costs on the Estate of the Deceased Accused

Facts

The case concerns the question of whether the costs of criminal proceedings, which were discontinued due to the death of the accused, can be imposed on the estate of the deceased. The Federal Court decision was issued on a constitutional appeal by the sister and sole heir of the deceased against the imposition of costs by the Cantonal Court of Bern.

The deceased, Y., had been accused of killing his wife and two children. The criminal proceedings were discontinued after his suicide in the penal institution, and the District Court imposed the costs of the preliminary investigation and court proceedings on the estate of the deceased.

Considerations

The Federal Court decided that the imposition of costs on the estate of the deceased accused without an explicit legal basis violates the principle of legality. The Bernese Criminal Procedure Act does not provide for such a possibility, and an analogy to tax succession or universal succession under inheritance law is not permissible.

If the accused dies and the…