Question juridique clé
Whether the accused had to pay the victim full party compensation under § 37 Abs. 2 StPO.
Solution extraite
The victim was entitled to compensation in principle, but the amount had to be reduced because the proceedings were unnecessarily expanded by an unfounded rape allegation.
Motifs extraits
Although the victim prevailed on the criminal issue and civil claims in principle, the rape accusation was not part of the indictment and was plainly untenable. The victim’s counsel nonetheless repeatedly tried to make it part of the case, causing unnecessary expense. By analogy to § 101 ZPO, compensation may be reduced where the prevailing party has needlessly inflated the proceedings.