Facts
The appellant [X.] was acquitted by the President of the Criminal Chamber of the Cantonal Court of the Canton of Glarus with judgment of 27 November 2017 of the accusation of violating the Road Traffic Act (driving with inadequately secured cargo). The procedural costs were imposed on the state and the appellant was awarded compensation of CHF 3,000.- for the investigation and first-instance court proceedings.
Upon appeal by the Public Prosecutor's Office of the Canton of Glarus, the Higher Court of the Canton of Glarus confirmed the acquittal, but repealed the first-instance decision on party compensation and reduced it to CHF 1,000.-. For the appeal proceedings, the Higher Court awarded the appellant party compensation of CHF 800.-.
The appellant filed a complaint in criminal matters and requested that the decision of the Higher Court be repealed and the first-instance decision on party compensation be reinstated. He complained of a violation of Art. 429 para. 1 lit. a CrimPC and Art. 430 CrimPC.
Considerations
The Federal Court examined the complaint and came to the conclusion that the lower court had violated federal law by reducing the appellant's party compensation without a corresponding application to his detriment. The lower court should not have interfered with the discretion of the first instance, as the respondent had made no submissions regarding the party compensation awarded in the first instance in either her appeal declaration or her appeal grounds.
The Federal Court repealed the decision of the Higher Court and remanded the case to the lower court for determination of appropriate compensation for the appeal proceedings. It found that the lower court had treated its inadmissible reduction of the party compensation awarded to the appellant in the first instance as a defeat and thus violated federal law.
The Federal Court considered it…