Questão jurídica principal
Whether it was arbitrary to charge the appellant with cantonal appeal costs after his complaint against the discontinuance order succeeded.
Decisão extraída
Yes. The appellant had no duty to oppose the merely announced form of discontinuance in advance; the reasons for the later discontinuance were not sufficiently clear from the notice.
Fundamentação extraída
Under cantonal procedure, the party may object only once the concrete disposition is issued. Failure to react to a notice of possible discontinuance does not create a disadvantage, and the notice did not reveal that the case would be discontinued on the basis of severe impact on the accused.