Legitimation to file a complaint of the accused person and the defense counsel for compensation under Art. 429 CrimPC

Facts

Parties: Accused person A. (appellant) and District Court of Zurich (respondent).

Facts:

• On September 20, 2022, the District Court of Zurich imposed a fine of CHF 400.- on A. for violating the Epidemic Act and the Covid-19 Ordinance.
• A. filed an objection to the penal order and applied for compensation for legal costs amounting to CHF 298.-.
• By order of February 5, 2024, the District Court terminated the criminal investigation and lifted the fine but did not award any compensation.
• A. filed a complaint with the Higher Court of the Canton of Zurich, which did not enter into the matter due to lack of standing.
• A. subsequently filed a criminal appeal to the Federal Supreme Court.

Considerations

The lower court justified its non-entry into the matter on the grounds that although the complaint was drafted by the defense counsel, it was filed in the name of the appellant. According to Art. 429 para. 3 CrimPC, only the defense counsel is materially entitled and has standing to file a complaint.

Art. 429 CrimPC regulates the claims of the accused person in case of acquittal or termination of the proceedings. The revised version of Art. 429 para. 3 CrimPC provides that the right to compensation is exclusively vested in the defense counsel. This ensures that the compensation actually reaches the defense and is not used for other purposes.

The Federal Supreme Court found that the lower court's view, according to which the standing of the defense counsel replaces that of the accused person, is not supported by the legislative materials. The accused person has an independent interest in having the compensation…