Facts
In this case, the Central Public Prosecutor's Office of the canton of Vaud filed a criminal appeal to the FSCA against a judgment of the Criminal Appeals Court of the Vaud Cantonal Tribunal. The appellant contested the decision to allocate to the State the indemnity awarded to the defendant Y. for his defence costs on appeal, while the appeal had been filed by the complainant party X. alone.Considerations
The FSCA upheld the appeal and annulled the contested judgment insofar as it allocated the indemnity awarded to the defendant for his defence costs on appeal to the State. Based on Art. 429 para. 1 let. a, 432 paras. 1 and 2, and 436 para. 1 CrimPC, the Tribunal considered that when the appeal is filed by the complainant party alone, the latter must bear the defendant's defence costs before the appeal court. Indeed, in such a situation, the continuation of the proceedings is solely at the discretion of the complainant party, so it is consistent with the…