Questão jurídica principal
Whether a fre acquitted accused may be denied party compensation solely because he has legal expenses insurance.
Decisão extraída
No. Refusal of compensation only for that reason is impermissible and arbitrary.
Fundamentação extraída
The ban on arbitrariness under Art. 4 BV also applies in criminal proceedings. Party compensation under § 37 StPO serves reimbursement of necessary defense costs and is not excluded merely because those costs are covered by insurance purchased through premiums. Compensation may only be refused or reduced if the defense was not objectively warranted, especially in a bagatelle case.