Questione giuridica chiave
Whether taxing criminal costs against a discharged accused violated the presumption of innocence under Art. 6 para. 2 ECHR and arbitrariness under Art. 9 Cst.
Decisione estratta
No violation: costs may be imposed only if the accused clearly breached a civil-law duty and caused or complicated the proceedings; the cantonal court relied on the objectively insulting wording on the payment order, not on any assumed criminal guilt.
Motivazione estratta
The Federal Court held that the challenged reasoning did not amount to a finding of criminal guilt. The cost order was based on civil-law personality rights and on the appellant's conduct in writing defamatory accusations on the payment order. That assessment was not arbitrary.