Kernrechtsfrage
Whether an accused person may be required to pay an advance for the taking of evidence requested by the defense.
Extrahierter Entscheid
No. Under § 82 StPO, an advance payment may be demanded only from the injured party who files a criminal complaint, not from the accused.
Extrahierte Begründung
The Code of Criminal Procedure permits a cost advance only against the injured person bringing the complaint. The accused cannot be burdened with such a prerequisite. Any ultimate allocation of procedural costs is decided only at the end of the proceedings under §§ 32 f. StPO.