Compensation of the accused in case of non-entry into the matter

Facts

In this case, the Central Public Prosecutor's Office of the canton of Vaud refused to enter into the matter regarding a complaint filed against X. for property damage. The Judge of the Criminal Appeals Chamber of the Cantonal Tribunal of the canton of Vaud partially upheld X.'s appeal and awarded him compensation under Art. 429 para. 1 let. a CrimPC. The Public Prosecutor then filed an appeal in criminal matters with the Federal Tribunal against this decision.

Considerations

The Federal Tribunal dismissed the Public Prosecutor's appeal. It considered that Art. 429 para. 1 let. a CrimPC, which provides for the compensation of the acquitted accused or the accused benefiting from a dismissal, also applies in the case of non-entry into the matter. Although this situation is not expressly mentioned, the Federal Tribunal considered that this does not constitute a qualified silence of the legislator. Indeed, Art. 310 para. 2 CrimPC provides…