12.07.2015 Views

download

download

download

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(1) Where a court convicts an accused person, it shall state in the judgement that theaccused person is required to pay the costs of the criminal proceedings.(2) Persons charged in connection with several criminal offences shall not be convictedto pay costs in respect of the charges of which they were acquitted, if it is possible tocalculate a specific amount in the total amount of the costs.(3) In judgements in which several accused persons were convicted, the court shalldetermine the proportion of the total costs that shall be paid by each of them, and if thatis not possible, shall find them jointly liable for the costs. Lump sum payments shall bedetermined for each accused person separately.(4) In the decision in which it rules on costs, the court may relieve an accused person ofthe duty to pay the full costs or partial costs of criminal proceedings referred to in Article193 paragraph 2 items 1) to 6) and 9) of this Code, if that payment would jeopardise thelivelihood of the accused person or the support of a person or persons the accusedperson is required to support. Where these circumstances are determined after theissuance of a decision on costs, the president of the chamber may issue a separateruling relieving the accused person of the duty to compensate the costs of criminalproceedings.Article 197(1) Where criminal proceedings are discontinued, where the accused person is acquittedof the charges or where the charges are dismissed, it shall be stated in the ruling orjudgement that the costs of the criminal proceedings referred to in Article 193 paragraph2 items 1) to 6) of this Code, as well as the necessary expenses of the accused personand the necessary expenses and fee of the defence counsel shall be paid from budgetfunds, except in the cases referred to in the following paragraphs.(2) Under a separate ruling persons convicted by a final judgement of the criminaloffence of false reporting shall bear the costs of the criminal proceedings they caused.The chamber referred to in Article 24 paragraph 6 of this Code Acting shall render thisruling upon a motion of the public prosecutor.(3) Private prosecutors are required to pay the costs of the criminal proceedings referredto in Article 193 paragraph 2 items 1) to 6) and 8) of this Code, necessary expenses ofthe accused person, and the necessary expenses and fee of his defence counsel, if theproceedings are concluded by a judgement acquitting the accused person, or ajudgement dismissing the charges, or a ruling discontinuing the proceedings, exceptwhere the proceedings were discontinued or a judgement issued dismissing the chargesdue to the death of the accused person or because criminal prosecution has lapsedowing to extensive delays of the proceedings for which the private prosecutor cannot beheld responsible. Where proceedings were discontinued by a withdrawal of the charges,the accused person and private prosecutor may reach a settlement of mutual expenses.Where there is more than one private prosecutor, they shall be jointly liable for the costs.(4) Aggrieved parties who withdraw their motions to prosecute shall bear the costs of thecriminal proceedings unless the accused person has declared that he will bear them.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!