Kernrechtsfrage
Whether the accused is entitled to compensation when a criminal complaint is not pursued and no proceedings are opened.
Extrahierter Entscheid
No. Compensation and state-paid party compensation under the StPO presuppose at least the opening of criminal proceedings and, in particular, discontinuance or acquittal; where the complaint is not followed, no such entitlement arises.
Extrahierte Begründung
The statutory basis in § 36 StPO applies only if proceedings are discontinued or the accused is acquitted, and § 37 StPO follows the same preconditions. Because no proceedings were opened at all, the prerequisite for compensation is missing.