Legislator Case Law & Legislation
III K 576/14 AI generated

Defense costs for defense counsel are not reimbursed when only partial acquittal occurs in public prosecution cases.

Case Number III K 576/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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 generated
art. 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 generated
SA w K. z dnia 14.09.2011r., II AKz 613/11

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