Compensation for Unjustified Pre-Trial Detention Following Dismissal of Proceedings

Facts

In this case, the Public Prosecutor's Office of the Canton of Zurich conducted a criminal investigation against [X.] for domestic violence. The proceedings were ultimately dismissed. The accused had spent 13 days in pre-trial detention, which was subsequently found to be unjustified. The High Court of the Canton of Zurich then awarded him compensation of 2,600 CHF.

The Office of the Attorney General of the Canton of Zurich appealed this decision to the Federal Supreme Court. It argued that the compensation was wrongly granted, as the accused had unlawfully and culpably caused the initiation of the proceedings.

Considerations

The Federal Supreme Court upheld the appeal. It stated that the issue of compensation for pre-trial or preventive detention upon dismissal of proceedings is generally to be assessed according to Art. 429 para. 1 lit. c CrimPC. Accordingly, the accused person is entitled to compensation for particularly severe violation of their personal circumstances, especially in the case of deprivation of liberty.

However, compensation or satisfaction may be reduced or denied under Art. 430 para. 1 lit. a CrimPC if the accused person has unlawfully and culpably caused the initiation of the proceedings. In such a case, compensation and satisfaction are generally excluded.