Questione giuridica chiave
Whether cash bail released to the accused must be returned with interest.
Decisione estratta
Yes. Cash bail must be reimbursed with the interest earned on the amount, calculated according to the conditions for Postfinance business accounts, after deduction of withholding tax.
Motivazione estratta
Although cantonal criminal procedure contained no express rule, the state receives bail to secure the accused's appearance, not for investment purposes. If interest earned on securities or comparable assets must be returned, the same applies to interest generated by deposited cash. The accused is entitled to the yield actually obtained by the state, while the state has no claim to that yield.