Facts
The case concerns the application of Art. 426 para. 2 of the Swiss Code of Criminal Procedure (CCP) in the context of a discontinuance of criminal proceedings pursuant to Art. 319 para. 1 lit. a CCP. The appellant [X.] was stopped in a traffic control on 18 May 2016 as there were external indications of drug consumption. Subsequently, a drug screening test was conducted, which yielded a positive result for cannabis. However, a subsequent blood sample showed that only the inactive cannabis metabolite THC-COOH was detected, but no active substance (THC). The Public Prosecutor's Office then discontinued the proceedings for driving under the influence, but imposed procedural costs of 1,025 Swiss francs on the appellant pursuant to Art. 426 para. 2 CCP.
The appellant filed a complaint against the imposition of costs. The High Court of the Canton of Aargau dismissed the complaint and additionally imposed the appellate court's procedural costs of 675 Swiss francs on him.
Considerations
The Federal Supreme Court states that according to Art. 426 para. 1 CCP, the accused person shall only bear the procedural costs if they are convicted. Art. 426 para. 2 CCP provides an exception: If the proceedings are discontinued, the accused may be ordered to pay the procedural costs if they have unlawfully and culpably caused the initiation of the proceedings or impeded their conduct.
The Federal Supreme Court clarifies that unlawful conduct alone is not sufficient, but that this conduct must also have been the adequate cause for the initiation or impairment of the criminal proceedings. Furthermore, the authority must have been…