In criminal proceedings, often enough additional costs arise. They are associated with various events and circumstances. The rules for their collection are enshrined in Art. 131, 132 of the Code of Criminal Procedure. The first norm establishes that cost compensation is carried out at the expense of the budget or the convicted person, depending on the outcome of the case. Art. 131 Code of Criminal Procedure (current version) fixes the list of costs. Let's consider them in more detail.
General information
The concept of procedural costs reveals h. 1 tbsp. 131 Code of Criminal Procedure. According to its provisions, the indicated costs include expenses associated with the implementation of the proceedings. They are compensated from the budget (federal) or by participants in the process.
List of costs
Fixes it h. 2 tbsp. 131 Code of Criminal Procedure. Procedural expenses are the amounts paid:
- A witness, a victim and their legal representatives, a translator, a specialist, witnesses, an expert, a lawyer, who was involved in the case on the appointment of an investigator / interrogator or court, to cover the costs associated with the appearance of the place of the investigation and accommodation. Such expenses include payment for the rental of housing, travel, additional costs.
- The victim to cover the costs associated with paying for the services of a representative.
- Witnesses who work and receive constant earnings, the victim, their agents, understood as compensation for the salary they did not receive for the period spent on visiting the body of inquiry, investigation, court hearings or prosecutors.
- Not having income for distraction from their usual occupation.
- As a remuneration paid to a translator, expert, specialist for the fulfillment of their duties in the process of criminal proceedings. The exception is cases when these persons carried out their tasks in the form of official activities.
- A lawyer for providing legal assistance if he is involved in the proceedings as prescribed by an authorized person.
- Persons for dismantling, forwarding, storing, transporting material evidence, transporting corpses, as well as their parts.
- Subjects conducting forensic examination in specialized institutions.
- To the accused, suspended from office according to the rules established by the first part of Article 114 of the Code. The amount is equal to the size of the subsistence minimum for able-bodied citizens established in Russia.
Art. 131 Code of Criminal Procedure provides for the possibility of reimbursement and other costs. In particular, such expenses may include amounts spent on notifying relatives or other close persons of the suspect about his detention and address. Amounts provided Art. 131 Code of Criminal Procedurepaid on the basis of a decision of an authorized employee, court ruling. The size and procedure for compensation of expenses, except those specified in paragraphs 2 and 8 of the second part of the norm, are approved by the government.
Art. 131 Code of Criminal Procedure with comments
According to the provisions of the law, individual participants in criminal proceedings can count on reimbursement of procedural costs. Such entities, in particular, include:
- Witnesses, victims and their representatives.
- Specialists and experts.
- Witnesses and translators.
- Attorneys involved in the proceedings for the appointment of authorized employees.
The expenses incurred by these persons are usually associated with calling for interrogations, issuing opinions, transfers, participating in investigative events, meetings. Considering Art. 131 Code of Criminal Procedure with comments 2016 years, it should be noted that the opinion of lawyers on the composition of expenses has not changed significantly. In particular, experts refer to the procedural costs justified and necessary costs associated with criminal proceedings. The composition of the costs includes, among other things, remuneration to legal entities and citizens involved as participants or involved in the process to solve certain problems. The latter should, for example, include persons who have taken the things of the suspect / accused for storage, transport evidence, etc. 
Exceptions
The composition of the costs, a list of which is established Art. 131 Code of Criminal Procedure, do not include the amounts spent on the implementation of forensic examination in public institutions. This is due to the fact that the activities of such organizations are financed from the budget (federal or regional). The costs also do not include the amount of compensation for harm caused by unlawful actions or decisions of the investigation / inquiry bodies, prosecutors, in the manner prescribed by parts 3 and 5 of article 133 of the Code. In particular, we are talking about the costs of compensation for damage arising from the unlawful seizure and retention of material assets as material evidence.
Nuance
Clause 1.1 of the second part of the rule in question refers to the procedural costs of the amount provided to the victim for the payment of remuneration to the representative. If you analyze Art. 131 Code of Criminal Procedure with the comments of 2015., it can be noted that lawyers include in the same category of costs the funds transferred to a lawyer acting in the interests of a minor victim under the age of 16, in respect of whom an assault was committed against sexual integrity. Compensation of the corresponding amounts is carried out if the participation of the defense counsel is ensured by the interrogating officer, investigator, court, etc. Compensation of fees to this lawyer is carried out from federal funds.
Controversial issues
In Art. 131 of the Code of Criminal Procedure of the Russian Federation in the new edition, a part has been introduced according to which the procedural costs include the amounts paid to the victim, and not to the defender himself. Accordingly, we can say that all costs related to remuneration to a representative can be offset by legal costs. However, the interpretation of the norm may be different. Do not forget that part four Art. 131 Code of Criminal Procedure establishes that the procedure and amount of compensation for the remuneration to the representative of the victim, involved in the appointment of the inquiry officer, investigator, etc., are approved by the government. Meanwhile, a special resolution of the said body does not exist today. In this regard, as noted by lawyers, in order to resolve relevant issues in practice, the norms enshrined in the Regulation on the compensation of procedural costs can be applied, by analogy. 
Explanations
What explains the mention of the Regulation on cost recovery? First of all, by the fact that subparagraph "a" of the first paragraph of this act establishes the procedure and amount of reimbursement of expenses provided for in paragraphs 1-9 of the second part Art. 131 Code of Criminal Procedure. The exception is the costs established by paragraphs 2 and 8 of this norm. Accordingly, the Regulation in the indicated part literally applies to the amounts that are paid to the victim for reimbursement of the costs of the representative.
However, with the introduction of this rule, paragraph 1.1 of the second part of Art. 131 CPC did not exist yet. In addition, the Regulation does not say anything about the compensation of funds paid to the injured representative. Accordingly, before making adjustments to a normative act, it can be interpreted in two ways. If we are based on a literal understanding of subparagraph "a" of the first paragraph of the Regulation, then it is perfectly acceptable to talk about setting limits on the amounts payable to the victim to cover the costs associated with the remuneration to the representative. At the same time, other lawyers, focusing on the content of the Regulation and the date on which amendments are made to it, quite reasonably declare that today it does not apply to calculating the amount of procedural costs established not only by paragraphs 2 and 8, but also paragraph 1.1 of Art. 131 Code of Criminal Procedure.
findings
Thus, the existence of two approaches to calculating the amount of procedural costs, as enshrined in paragraph 1.1. If you take the first position, then the amount provided to the victim to cover the costs associated with paying the representative a fee can be of two types. In the first case, these are the amounts specified in subsection 45 (2), which are transferred to a lawyer whose participation is ensured by the preliminary investigation body or the court in connection with the proceedings on the violation of the sexual integrity of a minor under 16 years of age. In the second case, these are funds that are paid to the victim to cover the costs associated with representation in other situations. Using the Regulation by analogy, you can only determine the calculation procedure and the amount of remuneration to the lawyer participating in the case by appointment of the authorized body.
Additional factors
In determining the amount due to the lawyer or provided to the victim to cover the costs associated with the payment of remuneration to the lawyer, one must take into account the complexity of the case. When assessing it, in turn, one should take into account the jurisdiction, severity and number of episodes, the number of suspects, defendants, the volume of materials and other circumstances. If a lawyer is involved in proceedings conducted in the Far North and in areas equivalent to it, the calculation shall take into account the coefficients and premiums established for such territories.
Travel Compensation
Any representative of the victim has the right to expect to receive amounts in respect of reimbursement of travel expenses to the place of production. At the same time, the norms establish the maximum sizes of such payments depending on the type of transport. The cost of travel to the place of carrying out procedural measures and back to the place of residence, work, temporary stay of the representative includes the cost of travel by public transport to the station, marina, airport and from them, ticket issuance and the provision of bedding. In this case, the entity must submit documents confirming the relevant costs. In some cases, legal entities cannot produce such papers. In such situations, compensation is made based on the minimum amounts set. For example, when using railway transport, the cost of a ticket in a reserved seat car is compensated. The costs of jury trips to a meeting are not legal costs. Accordingly, they are not recoverable from the convict.
Guarantees
For a citizen called as a victim, witness, legal representative, specialist / expert, witness, translator, the average salary at the place of his professional activity is retained. This rule is valid for the entire period in which the subject is engaged in production. The average salary is to be maintained for all working days according to the schedule approved by the enterprise.
General requirements
The amounts paid to witnesses, victims, representatives understood as compensation for the shortfall in the salary for the time they spent on the production are carried out in accordance with the rules of paragraphs 25-29 of the Regulation on compensation for procedural costs. To do this, these persons submit a certificate of employment and a copy of the work book. The accrual is made in accordance with the actual time spent on the performance of procedural duties by the indicated citizens on the basis of the average daily earnings calculated in the manner prescribed by Article 139 of the Labor Code. 
Conclusion
The list of procedural costs given in Article 131 of the Code of Criminal Procedure is not exhaustive. This is indicated by paragraph 9 of the second part of the norm. Other costs that may arise during production include, for example, costs that are directly related to the collection and study of evidence.These, in particular, include the costs of the participation of a psychologist, teacher, and other persons in the performance of investigative actions. In addition, the costs of the victim's involvement of a representative and other interested parties at any stage of the proceedings are included in such expenses, provided that they are justified and necessary. Such costs, as well as others, should be documented. The court must decide in a sentence on the distribution of procedural costs. If this was not done in violation of the provisions of paragraph 3 of part 1 of Article 309 of the Code of Criminal Procedure, then this problem is resolved as part of the execution of the decision in accordance with Chapter 47 of the Code.