Facts
The appellant, [A.] , filed a complaint in criminal matters against the judgment of the High Court of the Canton of Aargau of August 9, 2022. The respondent, [B.] , was accused of violating the secret or private sphere through recording devices and trespass. The lower court acquitted [B.] of the charge of trespass and partially convicted him of violating the secret or private sphere through recording devices. The appellant requested the deletion of disposition no. 1 of the lower court's judgment and the cancellation of the bracket comment on Art. 179quater SCC.
The appellant and the respondent had previously conducted proceedings before the High Court of the Canton of Aargau, in which the respondent was accused of violating the secret or private sphere through recording devices and trespass. The lower court had partially convicted the respondent and sentenced him to a conditional fine.
The appellant filed a complaint in criminal matters against the judgment of the High Court and requested the reversal of the judgment and the conviction of the respondent for trespass. The respondent requested the dismissal of the complaint and the confirmation of the High Court's judgment.
Considerations
1. Right to Appeal
The appellant is entitled to challenge the cost decision, but not the conviction, as the criminal proceedings have already been concluded in the civil aspect.
2. Allocation of Costs for the First-Instance Proceedings
The lower court charged the respondent with half of the first-instance procedural costs. The appellant challenges this decision and argues that the respondent should bear the procedural costs in full, as he culpably caused the offense of trespass.
3. Compensation for the High Court Appeal Proceedings
The lower court obligated the respondent to compensate the appellant for the high court appeal proceedings. The appellant challenges this decision and argues that the…