Kernrechtsfrage
Whether cost allocation after dismissal was permissible under the cantonal code of criminal procedure
Extrahierter Entscheid
No. The cost award was unconstitutional because the appellant had not clearly violated a written or unwritten legal norm in a legally relevant way.
Extrahierte Begründung
The cantonal court relied on a supposed general duty to avoid any appearance of bribery. The Federal Court held that the criminal statutes on bribery and gift-taking exhaustively define the protected sphere; no separate state-based immorality norm may be used to impose costs when the conduct is not criminally established.