Questione giuridica chiave
Whether the appellate court had to examine a reduction or refusal of compensation under Art. 430 Abs. 1 lit. a StPO
Decisione estratta
Yes. The court had to address whether the accused’s alleged unlawful and culpable conduct caused or impeded the proceedings and whether compensation should therefore be reduced or denied.
Motivazione estratta
The lower court omitted any assessment of the statutory conditions for reduction/refusal, although there were indications that the accused may have caused or impeded the proceedings through norm-violating conduct. The same principles that govern cost allocation after acquittal also apply to compensation and satisfaction under Art. 430 StPO.