Facts
This judgment of the Swiss Federal Court addressed the question of who bears the compensation of the accused person for the appropriate exercise of their procedural rights, if the criminal proceedings are discontinued or the accused person is acquitted.
The case concerned a criminal complaint filed by A. against B. on suspicion of defamation offenses. The public prosecutor's office discontinued the proceedings, whereupon A. filed a complaint with the Cantonal Court of Schwyz. The Cantonal Court dismissed the complaint and ordered A. to compensate B. for the complaint proceedings.
A. then filed a criminal appeal with the Federal Court.
Considerations
In its reasoning, the Federal Court stated that the appellant A. as a private prosecutor has a legally protected interest in the question of who bears the costs, as the cost decision prejudices the compensation issue.
According to the case law of the Federal Court, the compensation of the accused person in case of discontinuation of the proceedings or acquittal is generally borne by the…