Facts
The appellant [X.] was sentenced by the District Court of Bülach to a conditional prison sentence of 12 months for endangering life, assault, threat, and violence and threat against authorities and officials. The costs of the judicial proceedings, including those of the official defense, were imposed on him. The appellant appealed to the High Court of the Canton of Zurich, which dismissed the appeal. The appellant then applied to the Federal Court to overturn the decision of the High Court and to supplement the judgment of the District Court in the matter of costs.
The appellant claimed that he was in need and could not pay the costs of the proceedings. He was unemployed and had no assets. However, the lower court had found that the appellant was in a position to pay part of the costs with his income of CHF 3,700.--.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court had not finally examined the appellant's procedural need at the time of the decision. However, it could assume that the appellant would be able to pay part of the court and lawyer's costs.
The Federal Court found that the Canton of Zurich has a legal basis and corresponding practice with § 190a CrimPC/ZH, according to which the financial situation of the convicted person is also to be examined when collecting the imposed costs. A constitutionally compliant interpretation of…