Cost Allocation Upon Discontinuation or Acquittal

The court clarified the principles for allocating procedural costs to an accused person when an investigation is discontinued or an acquittal is rendered, pursuant to Article 426 Para. 1 and 2 of the Criminal Procedure Code. The court reasoned that costs can only be imposed on the accused if they unlawfully or culpably caused the initiation of proceedings or made their continuation more difficult. This requires a civil law culpability, meaning a clear violation of legal norms (written or unwritten) that forbids or mandates specific conduct to avoid harm, coupled with intent or negligence, and the conduct must be an adequate cause for opening the criminal proceedings.