Key legal question
Whether the cantonal costs imposed on the acquitted accused violated the presumption of innocence or were arbitrary.
Extracted holding
No. Costs may be imposed on an acquitted accused if he caused the proceedings through clearly wrongful civil-law conduct; the reasoning did not attribute criminal guilt.
Extracted reasoning
The court held that the findings of intentional, unwanted sexual touching amounted to a wrongful violation of personality rights under Art. 28 ZGB and could justify costs under cantonal law without infringing Art. 32 BV or Art. 6(2) ECHR.