Kernrechtsfrage
Whether refusing reimbursement of the complainant’s representation costs in the cantonal appeal was arbitrary under Art. 9 BV and Art. 271(2) StP.
Extrahierter Entscheid
The refusal was not arbitrary. Special circumstances may be assessed separately for each instance, and the appellant’s interest in the appeal’s outcome did not make reimbursement mandatory.
Extrahierte Begründung
The court held that Art. 271(2) StP allows reimbursement only exceptionally. It was not obviously untenable to require special reasons for the appellate stage itself. The appellant’s alleged prejudicial interest in the parallel proceedings was either not decisive or not unusual enough to justify reimbursement.