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Procedural costs in the criminal process: the recovery procedure and their types

The concept of procedural costs in criminal proceedings discloses article 131 of the Code of Criminal Procedure. In the same norm, the procedure for their collection is fixed. procedural costs in criminal proceedings

General information

The procedural costs in criminal proceedings are costs associated with the proceedings. Their compensation is carried out at the expense of federal budgetary funds or funds of participants in legal proceedings.

Article 131 of the Code of Criminal Procedure provides for the following types of procedural costs in criminal proceedings:

  • Payments to the victim, witness, their representatives, specialist, witnesses, translator, lawyer, appointed by the court, investigator, interrogating officer, expert to compensate for the costs associated with arriving at the place of execution of procedural measures and living. These include travel expenses, rental housing, additional costs.
  • Payments to the victim, witness, their representatives, understood as compensation for the salary they did not receive at the place of work for the period of absence from the workplace in connection with a call to the prosecutor's office, the body of inquiry, to the court, to the investigator.
  • Amounts paid to witnesses, witnesses and victims (their representatives) who do not have regular earnings for distraction from their usual activities.
  • Remuneration to a translator, expert, specialist for the performance of their duties in the production process. An exception is provided for cases when duties are established by the official assignment.
  • Payments to a lawyer for the legal assistance provided if he is involved in the legal proceedings as intended.
  • Shipping and storage costs of material evidence.
  • The costs of a forensic examination in specialized expert institutions.
  • The accused’s allowance is paid monthly in the amount of 5 minimum wages in connection with his removal from office in the manner prescribed by Article 114 of the Code of Criminal Procedure (Part 1).
  • Other costs incurred during production and provided for in the Code. For example, they include the costs of compensation for the value of things, items damaged or destroyed during examinations (investigative experiments), the amount of reimbursement of costs incurred by persons participating in the identification (except for the accused / suspect), etc.

procedural costs in criminal proceedings it

Exceptions

Part procedural costs in criminal proceedings not included:

  • Earnings of employees of the prosecutor's office, bodies of inquiry, court, investigators.
  • Postage, transportation and office expenses.
  • The costs of the operational-search actions.

The costs of maintaining a pre-trial detention center (pre-trial detention facilities), etc.

Procedural costs in criminal proceedings: compensation procedure

The amounts provided for in the CPC are carried out by order of the prosecutor, the inquiry officer, judge, investigator or on the basis of a court ruling.

During the proceedings, authorized employees are required to comply with the law. procedural deadlines. Procedural costs in criminal proceedings reimbursed at the end of the proceedings.

Upon completion of the investigation, the investigator / interrogator attaches to the indictment / act a certificate of the costs incurred.

The costs incurred by the court shall be recorded by the clerk of the court.

Distribution procedural costs in criminal proceedings carried out by the court. The sentence shall indicate the amount of expenses and information about the persons who compensate them. Question about recovery of procedural costs in criminal proceedings may be resolved after the act is issued.In this case, the procedure is enshrined in article 397 of the Code of Criminal Procedure. procedural costs in criminal proceedings

General rules

Procedural costs in criminal proceedings are recovered from persons convicted by court verdict, or reimbursed from the federal budget.

Budgetary funds compensate for the participation costs of an interpreter and a lawyer, who was involved in the production by appointment. If the fulfillment of the duties of a translator was provided for by an official assignment, payment for his work shall be reimbursed to the organization in which he is a staff member.

If the accused / suspect declared his refusal from the services of a lawyer, but this refusal was not satisfied, and the defense counsel nevertheless participated in the proceedings as intended, the costs of his services are reimbursed from the federal budget.

Sizes and procedure for recovering procedural costs in criminal proceedings determined by the Government. An exception is provided for amounts intended for payment to victims, witnesses, their representatives, as well as witnesses, due to the earnings they did not receive for the period of participation in the proceedings and the monthly allowance of the accused temporarily suspended from office.

If a person has been rehabilitated, expenses are compensated by the budget.

Nuances

In criminal proceedings procedural costs may be recovered from the convicted, released from punishment. If there are several perpetrators, the costs are distributed among them in shares. This takes into account the degree of responsibility, the nature of guilt, property and marital status of each citizen.

If a person is acquitted within the framework of a private prosecution case, the court may fully or partially charge the costs to the subject whose complaint became the basis for the commencement of proceedings. When reconciling the parties in criminal proceedings procedural costs compensates for one or both sides.

If the accused in the case is a minor, the court has the right to impose an obligation to compensate the costs of its representatives.

If the reimbursement of costs can lead to significant negative consequences for the financial situation of the dependents of the convicted person, full or partial release of the guilty party from the payment of costs is allowed.

If the judge (court) concludes that it is necessary to transfer the costs to the state account, the sentence must contain the reason for this decision.

When deciding a verdict in a special manner with the consent of the offender with the prosecution, the procedural costs of the defendant are not recoverable. procedural costs in criminal procedure

In case of justification under one of the imputed articles or with the exclusion of episodes (one or more), the costs associated with the corresponding charge or episodes are compensated from the budget.

Aircraft Resolution No. 42 of 12.19.2013

This document explains the application of procedural costs in criminal proceedings. The need for its adoption was due to several reasons.

First of all, the Court’s first clarifications were given in a ruling of 1973. That is, a lot of time passed, the practice of the courts expanded significantly, new questions arose, and there were no answers to them.

Secondly, the Constitutional Court made several decisions regarding procedural costs and which should be taken into account in practice.

In the process of preparing the provisions of the resolution of 2013, a program of analysis of criminal proceedings was developed. She was sent to lower courts. Based on the results of the case study, a range of issues was formulated, which, in the opinion of the authorities, should be clarified.

Advanced costing

It is given in the first paragraph of the decision. According to the provisions, procedural costs should be called justified and necessary costs associated with production. These include payments to legal entities and citizens involved in proceedings as participants or in a different status.The former include translators, witnesses, experts, witnesses, victims, etc. specified in article 131 of the Code of Criminal Procedure. As regards persons otherwise involved in proceedings, they may be, for example, entities that have taken the property of the accused / suspect for temporary storage, carry out the transfer of material evidence, etc. This list is considered open. procedural costs in criminal proceedings rb

Representative Costs

The second paragraph of the resolution focuses on the fact that the justified and necessary expenses of the victim to attract a representative, documented, should be attributed to the procedural costs. Meanwhile, this provision applies not only to the victim, but also to any other interested person at any stage of production.

Value Compensation

The problem of cost recovery in the event of damage or destruction of things raises many questions in practice. In paragraph 3 of the decision, the following is explained.

The procedural costs do not include the costs of compensation for damage incurred in connection with unlawful actions / decisions of the prosecutor's office, bodies of inquiry / investigation, in the manner prescribed by paragraph 3, 5 133 of the Code of Criminal Procedure. For example, this may be the cost of compensation for damage caused by the illegal seizure and retention of property as physical evidence.

Examination Costs

As an analysis of practice has shown, in some cases, the courts recover the amounts spent on research in expert institutions. We turn to article 131 of the CPC.

As follows from paragraphs 4, 7, 2 of the norm, the costs of examinations are not included in the procedural costs if the procedures were carried out in state expert institutions and the duties of specialists were performed as part of the job assignment.

We now turn to the provisions of the Federal Law No. 73. This regulatory act states that the financing of the work of state expert institutions is carried out at the expense of the budget of the corresponding region. types of procedural costs in criminal proceedings

Payments to Lawyers

Features of the determination of remuneration to defense counsel are explained in paragraph 4 of the decision. The first paragraph of paragraph 4 explains what kind of work of a lawyer should be taken into account when determining remuneration.

Compensation, in particular, is subject to the exercise of the powers enshrined in parts 1, 2 53 of the article of the CPC. We are talking about the time spent on visiting the accused / suspect / convict / defendant, in relation to whom the issue of applying medical coercive measures placed in the temporary holding facility (pre-trial detention center), a pre-trial detention center, a psychiatric hospital, to study case materials, to perform other actions is being decided related to the provision of qualified legal assistance. The time taken to directly protect the face is also taken into account. In this case, all costs must be documented.

Defender’s busy hours are calculated in days. The duration of work for one day does not matter.

Cost recovery source

Paragraph 5 of the resolution explains the points regarding cases of cost compensation by the federal budget. The Supreme Court notes that, based on the provisions of part 1 of article 131 of the article and part 1, 2, 4 and 6 132 of the Code of Criminal Procedure, the court must make a decision on the reimbursement of expenses from state funds if during the meeting the property insolvency of the entity from which they will be established to be exacted, or the grounds for exemption of a person from their payment are revealed.

In addition, costs should be reimbursed from the budget when:

  • rehabilitation of a citizen;
  • the participation of the translator, except in cases of fulfillment by him of duties as part of a job assignment;
  • consideration of the case on the application of medical coercive measures in accordance with 51 articles of the Code;
  • consideration of a complaint against a decision to extradite a person in accordance with the rules established in 463 of the Code of Criminal Procedure;
  • production in a special manner, as enshrined in chapters 40 and 40.1, article 226.9 of the Code, including during appeal of a sentence at the appellate, supervisory, cassation instances.

Refusal of the defender

Paragraph 7 of the decision clarifies that a statement by a convicted / defendant / accused / suspect about the refusal of the services of a specific lawyer assigned to him in connection with property insolvency is not a refusal from a defense counsel in the broad sense. In such situations, in accordance with Part 1 of Article 51 of the Code of Criminal Procedure, the participation of a lawyer in the process is mandatory. In this case, the costs incurred may be recovered according to general rules. procedural costs in criminal proceedings are recovered from

When resolving the issue of cost compensation, however, the court must analyze the financial condition of the person. If the subject has sufficient funds to pay for the services of a defense counsel, there is no need to provide him with a free lawyer.

Legislation of the Republic of Belarus

Procedural periods, procedural costs in the criminal process are regulated in Belarus, Ch. 18 Code of Criminal Procedure. In the Russian Code, chapter 17 is devoted to these issues.

It is worth saying that procedural costs in the criminal process of Belarus similar to those provided by 131 articles of the Code of Criminal Procedure. In the Republic of Belarus, these expenses are regulated by Article 162 of the Code of Criminal Procedure of the Republic of Belarus. Part 1, however, the expenses of the civil plaintiff were added to the reimbursable amounts.


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