Kernrechtsfrage
Whether an injured party appealing a partial acquittal must provide security for procedural costs.
Extrahierter Entscheid
If the right to appeal an acquittal under Art. 198 no. 5 StPO is interpreted to include a partial acquittal, Art. 215(1) StPO also applies against the appellant injured party.
Extrahierte Begründung
The purpose of the security is to ensure that the injured party does not continue the proceedings without securing possible official costs and the opposing party's legal fees. A partial acquittal cannot be treated differently from a full acquittal for this procedural consequence.