Whether the first-instance cost order could be maintained under Art. 90 CPP-VD for complaint-based offences and under Art. 158 CPP-VD for the office-pursued offence.
The cantonal court held that the lower court had not properly examined the factual and legal basis for imposing the full costs; the entire cost item had to be annulled and remitted for new decision.
For complaint-based offences ending after a suspended procedure under Art. 55a CP, Art. 90 CPP-VD applies only if there was in fact a withdrawal of complaint, which was not the case here. For the remaining offences, the lower court had not examined whether the prerequisites for charging costs under the innocence-preserving standard were met. Because the appellate court could not itself determine the proper allocation of the total costs, the whole cost item had to be set aside.