Kernrechtsfrage
Whether the cantonal appeal court's cost and compensation order against the child victim under § 396a StPO/ZH was arbitrary and violated fair trial guarantees.
Extrahierter Entscheid
Yes. Given the complainant's age, financial situation, and health, imposing the full appeal costs and compensation was untenable; the canton had to reconsider costs in light of the child-specific practice under § 388 Abs. 1 StPO/ZH.
Extrahierte Begründung
The Supreme Court held that § 396a StPO/ZH allows exceptions in justified cases, especially where a party acted in good faith. Cantonal practice under § 388 Abs. 1 StPO/ZH for children and juveniles requires regard to the person's circumstances and development. Since the complainant was a child, dependent on social welfare, and the financial burden could cause additional hardship, the appeal court's focus on the lack of success prospects was arbitrary.