Question juridique clé
Whether the cantonally imposed costs after discontinuance were lawful under § 42 Abs. 1 StPO/ZH
Solution extraite
The cost order could not stand because the lower courts failed to assess the central issues with the necessary factual and legal precision; the complaint was upheld.
Motifs extraits
Costs after discontinuance require a clearly established, personally attributable, civil-law wrongful or at least reckless violation of a behavioural norm. The cantonal courts avoided deciding the decisive questions and relied on insufficiently substantiated findings.