ABSTRACT

Mr Uli Lutz was involved in a road accident on 10 October 1980. On 9 December 1980, on the basis of the police report, the Police Authority fined the applicant and added costs for the road accident. The applicant appealed. On 24 July 1981, the District Court informed the applicant that it intended to discontinue the proceedings as they were time-barred and order costs against the Treasury while the applicant would have to bear his own necessary costs and expenses. On 10 September 1981, the applicant challenged the decision on his costs. On 25 September, the Heilbronn Regional Court dismissed the appeal as being unfounded. His appeal to the Federal Constitutional Court was rejected. He complained that the decision as to costs was contrary to the principle of the presumption of innocence. Comm found by majority (7-5) V 6(2).