Decision on the Imposition of Procedural Costs in the Discontinuation of Criminal Proceedings due to Minor Cannabis Possession

Facts

The respondent [X.] handed over to the Cantonal Police of Basel-City 0.5 grams of marijuana and 0.1 grams of hashish that he was carrying during a personal check. The Public Prosecutor's Office of the Canton of Basel-City then discontinued the proceedings in accordance with Art. 19b NarcA, confiscated the narcotics and imposed on [X.] procedural costs of CHF 105.30 and a procedural fee of CHF 200. [X.] filed a complaint against the cost order, which the Court of Appeal of the Canton of Basel-City partially granted. It revoked the imposition of the procedural fee of CHF 200 and only obliged [X.] to pay the procedural costs of CHF 105.30. The Public Prosecutor's Office filed a criminal appeal against this decision with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the Public Prosecutor's appeal. It stated that the respondent [X.] was not punishable under Art. 19b NarcA, as he had only possessed a minor quantity of marijuana and hashish for personal consumption. Therefore, the Public Prosecutor's Office was not allowed to impose the procedural costs on him, as he had neither unlawfully nor culpably caused the initiation of the proceedings or made their conduct more difficult. The Federal Supreme Court clarified that the mere possession of minor quantities of drugs for consumption purposes falls under Art. 19b…