Compensation of the accused in the appeal procedure against a dismissal order

Facts

In this case, the Central Public Prosecutor's Office of the canton of Vaud dismissed the criminal proceedings against B., C., D. and E. Following the appeal filed by A., the Criminal Appeals Chamber of the Vaud Cantonal Court confirmed the dismissal order and awarded compensation to B., C. and D. for their defense costs in the appeal proceedings, at the expense of the State. The Public Prosecutor's Office then appealed to the Federal Tribunal, concluding that these indemnities should be borne by A.

Considerations

The Federal Tribunal considered that the established case law in ATF 139 IV 45, according to which the defense costs of the acquitted accused must be borne by the complainant who has appealed, does not apply in the case of an appeal against a dismissal order. Indeed, this case law constitutes an exception to the principle that the responsibility for criminal proceedings lies with the State, and must therefore be interpreted restrictively.

Thus, when the accused benefits from a dismissal order and the complainant appeals against this decision, there has not been a full procedure before a court within the meaning of Art. 13 CCP.…