Mr Joachim Englert, the applicant, was tried for a number of offences. During his trial the Regional Court stayed the proceedings in respect of some charges, and convicted him of others, for which he was sentenced to imprisonment. He was acquitted of one charge. He appealed on points of law against conviction. The Federal Court of Justice set the judgment aside and remitted the case for retrial by a different criminal chamber of the Regional Court. The prosecution applied for the proceedings to be stayed, as the sentence the applicant could expect was almost negligible in comparison with one passed earlier. Defence counsel informed the Regional Court that he could agree on the defendant’s behalf to the applicant bearing his own necessary costs and expenses but that his client had no intention of forgoing compensation for his detention on remand. The Regional Court stayed the proceedings and ordered that the costs of the proceedings – but not the applicant’s necessary costs and expenses – should be borne by the Treasury. It refused to award the applicant any compensation in respect of his arrest and detention on remand, on the grounds that the circumstances of the case were so overwhelming that a conviction was more likely than an acquittal and that it was his own actions that gave rise to the strong suspicion that he had committed the offence. The applicant complained that the reasons given by the Regional Court offended the principle of the presumption of innocence enshrined in A 6(2). Comm found unanimously V 6(2).