III K 576/14
AI generated
Defense costs for defense counsel are not reimbursed when only partial acquittal occurs in public prosecution cases.
Legislator summary
AI generatedThe court dismissed the defense attorney's request for reimbursement of defense counsel fees following a conditional dismissal of the criminal proceedings. Although the prosecution was dropped for one count, the court found that the defendant was still found guilty of another count, meaning the proceedings were not fully terminated. The court ruled that no statutory provision allows for partial reimbursement of defense costs when the defense was conducted across all charges, including those where the defendant was convicted.
Legislator headnote
AI generatedArt. 632 pkt 2 k.p.k.; Art. 616 § 1 pkt 2 k.p.k.: The state bears the cost of defense counsel only upon full acquittal or dismissal; partial dismissal does not justify reimbursement of defense expenses.
Keywords
AI generated
defense costs reimbursement
conditional dismissal proceedings
public prosecution expenses
defense counsel fees
partial acquittal outcome
Kodeks postępowania karnego
state liability defense
Cited Legislation
AI generatedart. 632 pkt 2 k.p.k.
art. 616 § 1 pkt 2 k.p.k.
art. 632 pkt 2 k.p.k
art. 616 § 1 pkt 2 k.p.k
art. 66 § 1 k.k
Cited Case Law
AI generatedSA w K. z dnia 14.09.2011r., II AKz 613/11