Facts
The complainant [X.] was reported by her husband [Y.] for threat, assault and abuse of a telecommunications facility. The criminal proceedings against [X.] were subsequently discontinued by the Public Prosecutor's Office Winterthur/Unterland, with the procedural costs of CHF 500.-- being imposed on her. The single judge in criminal matters of the District of Bülach dismissed [X.] 's request for judicial review of the cost consequences and additionally imposed court costs of CHF 400.--.
[X.] appealed against this order to the Federal Supreme Court. She requested the annulment of the cost order and the award of an appropriate procedural compensation to her.
Considerations
The Federal Supreme Court upheld the appeal. It stated that the cost order violates the principle of the presumption of innocence, as it implies the accusation of criminal culpability of the complainant. While the authorities had to initiate criminal proceedings based on the husband's report, the allocation of costs should not be assessed solely based on the conduct of the…