Facts
The case concerns a traffic accident in which the appellant [X.] was initially fined. However, after an objection and further investigations, the proceedings against him were discontinued. [X.] then applied for compensation for his time spent in the criminal proceedings, which was denied by the High Court of the Canton of Zurich and ultimately also by the Federal Supreme Court.
Considerations
The Federal Supreme Court states that while the Code of Criminal Procedure (StPO) provides for a claim to compensation for expenses and economic losses if criminal proceedings are discontinued, the personal time spent by the accused for his defense is generally not eligible for compensation, as the StPO does not provide for an explicit regulation for this.
According to the case law of the Federal Supreme Court on party compensation in appeal proceedings, special circumstances may justify compensation for personal time spent if the case is complicated with a high value in dispute and the effort significantly exceeds the usual framework. However, the Federal…