Kernrechtsfrage
Whether the accused must be given an opportunity to request compensation when an investigation is dismissed.
Extrahierter Entscheid
Yes. A compensation decision is only proper if the accused has been allowed to submit a compensation request; if none exists, the accused must be given that opportunity before or after dismissal.
Extrahierte Begründung
Under § 85(2) StPO, dismissal of an investigation follows the rules on costs; compensation to the accused requires a request under §§ 36 and 37(1) StPO. If no request has yet been filed, § 38 StPO requires that the accused be given an opportunity to make one. A compensation denial made in the dismissal order without hearing the accused violates the right to be heard and is impermissible; § 199(2) StPO also presupposes a prior request for a recourseable compensation decision.