Decision on the Cost Consequences of Discontinuance of Proceedings

Facts

- On 17 September 2007, [X.] was appointed as a board member for [A.B.] . In addition to this role as a board member, [X.] was mandated by [A.B.] for further tasks. - On 31 May 2011, [X.] was removed from her office as a board member. [B.B.] and [C.B.] filed a criminal complaint against [X.] on 14 May 2012 for misappropriation, breach of trust, abuse of office, and obstruction of an official act. - The Public Prosecutor's Office of the Canton of Zug discontinued the proceedings against [X.] on 6 May 2015 and imposed on her the costs of the investigation of CHF 3,020.-- as well as the costs for the court-appointed defence of CHF 6,717.30. - [X.] filed a complaint against the imposition of costs. The High Court of the Canton of Zug dismissed the complaint on 27 October 2015.

Considerations

- The Federal Supreme Court partially upholds the complaint. It notes that the Public Prosecutor's Office did not grant [X.] the right to be heard before imposing the costs, as it had not previously announced the intended imposition of costs. Although the Federal Supreme Court acknowledges that the High Court was able to…