Facts
The present case concerns criminal proceedings opened following an altercation between two neighbours, A. (the appellant) and B. On March 7, 2022, the public prosecutor's office of the Limmattal/Albis district organised a conciliation hearing during which the parties concluded an amicable settlement. This settlement provided, in particular, that B. would pay [A.] an amount of 1,000 CHF in four monthly instalments of 250 CHF, and that the two parties would withdraw their respective criminal complaints.
On March 31, 2022, the public prosecutor's office ordered the discontinuation of the criminal proceedings against [A.] for defamation, etc. It charged the costs to the State and did not award any compensation or moral damages to the appellant, on the grounds that she had waived any additional claims.
The appellant then filed a complaint with the Cantonal Court of Zurich, requesting that she be awarded compensation of 1,901.30 CHF including VAT. The Cantonal Court dismissed this complaint.
The appellant finally appealed to the DFC, which rejected her appeal.
Considerations
The DFC considered that when criminal proceedings are discontinued following an amicable settlement under Art. 316 CrimPC, Art. 429 para. 1 let. a CrimPC, which provides for the reimbursement of procedural costs, does not apply. Indeed, the parties must settle the issue of compensation within the framework of the amicable settlement itself.
According to Art. 427 para. 3 CrimPC, the procedural costs are in principle borne by the Confederation or the canton when the complainant withdraws the complaint as part of an amicable settlement facilitated by the public prosecutor's office. However, para. 4 of the same article requires…