Question juridique clé
Whether the costs could be imposed on an acquitted defendant under § 189(1) StPO/ZH
Solution extraite
Yes. The defendant's unauthorized use of the USZ letterhead breached a duty of loyalty and was adequately causal for the opening of the criminal investigation.
Motifs extraits
Cost allocation after acquittal is permissible when the accused engaged in conduct objectively blameworthy in civil-law terms and thereby caused the proceedings; that was the case here.