Questão jurídica principal
Whether cost allocation after dismissal was permissible under the cantonal code of criminal procedure
Decisão extraída
No. The cost award was unconstitutional because the appellant had not clearly violated a written or unwritten legal norm in a legally relevant way.
Fundamentação extraída
The cantonal court relied on a supposed general duty to avoid any appearance of bribery. The Federal Court held that the criminal statutes on bribery and gift-taking exhaustively define the protected sphere; no separate state-based immorality norm may be used to impose costs when the conduct is not criminally established.