Key legal question
Whether the cantonal appeal against the refusal to waive procedural costs met the substantiation and evidence requirements of Art. 385(2) StPO.
Extracted holding
The appeal did not meet the statutory requirements because the appellant failed to indicate any evidence supporting his alleged inability to pay.
Extracted reasoning
Art. 385(2) StPO requires not only reasons why a different decision is sought, but also the evidence relied on. The improved filing contained no proof of indigence, so the lower court correctly refused to enter into the appeal.