Facts
On July 1, 2020, a wallet was handed in to the Cantonal Police of Aargau, which had been found in a trash can in the toilet of a restaurant in U. The owner stated that it contained cash in the amount of CHF 730. She had boarded a bus of line No. x of [A. AG] on June 30, 2020 and had carried the wallet in an unlocked shoulder bag. Shortly after the bus ride, she had noticed the loss.
The Public Prosecutor's Office in Baden then issued an order for production of evidence and requested [A. AG] to provide the recordings of the surveillance camera of the bus in question. [A. AG] then demanded compensation of CHF 250 for the production of the evidence, which the Public Prosecutor's Office, however, rejected.
Upon appeal by [A. AG], the High Court of the Canton of Aargau overturned the order of the Public Prosecutor's Office and awarded [A. AG] compensation of CHF 250. Against these decisions of the High Court, the Office of the Attorney General filed an appeal in criminal matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court first examines its jurisdiction and the admissibility of the appeal. It finds that the public prosecutor's office is generally entitled to appeal in criminal matters if it concerns the enforcement of the criminal claim or related substantive and procedural matters.
In the present case, however, it is about the assessment of the claim for…