Facts
The case concerns a man ([X.] ) who was reported by his wife ([A.] ) for threat. The public prosecutor's office discontinued the proceedings pursuant to Art. 55a para. 3 of the Swiss Criminal Code (StGB), as [A.] did not revoke her consent to the suspension of the proceedings within six months. The public prosecutor's office imposed the procedural costs on [X.] , but did not award him any compensation or satisfaction. [X.] appealed against this decision.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the imposition of costs despite the discontinuation of the proceedings is permissible under Art. 426 para. 2 and Art. 430 para. 1 lit. a of the Swiss Criminal Procedure Code (StPO) if the accused person has violated a written or unwritten code of conduct in a manner that is civilly reproachable and has thereby caused the initiation of the criminal proceedings.
In the present case, [X.] had made a statement towards his wife that is to be considered an unlawful violation of personality rights…