Questão jurídica principal
Whether costs of the discontinued criminal investigation could be imposed on the applicant
Decisão extraída
Yes. He had caused the investigation by civilly blameworthy conduct, namely an excessive and unjustified physical attack on his partner.
Fundamentação extraída
Costs after dismissal are permissible if the accused clearly breached a conduct norm in a civil-law sense and thereby caused the investigation. The established facts showed a disproportionate choking attempt that was not justified by self-help, necessity, or self-defence.