Facts
The complainant [X.] was investigated together with six other persons for violations of the NarcA (SR 812.121). The Public Prosecutor's Office Winterthur/Unterland, branch office Flughafen, accused them of cultivating, breeding and harvesting hemp plants with a THC content between 1.5 and 8.5 %. The products produced were allegedly sold in various hemp shops.
The Public Prosecutor's Office discontinued the proceedings and confiscated the seized amounts of CHF 62'828.30 and CHF 20'465.-- in favor of the state treasury. The complainant lodged a complaint against the decision of the High Court of the Canton of Zurich and requested the reversal of the decision, the assumption of the costs of the criminal proceedings by the state treasury, the release of the seized assets and adequate compensation for the consequences of the criminal proceedings.
Considerations
The Federal Court examined the complaint and came to the conclusion that the imposition of costs and the refusal of compensation in the contested decision violated the presumption of innocence (Art. 32 para. 1 Cst. and Art. 6 para. 2 ECHR). The lower court had assumed that the complainant had violated aArt. 8 NarcA, which had not been proven.
The Federal Court found that the lower court had violated the presumption of innocence by assuming that the complainant had at least accepted the manufacture and distribution of narcotics. This accusation was not proven and violated the presumption of innocence.
The Federal Court also came to the conclusion that the lower court had…