Legal encyclopedia. Letter P

PROCEDURAL COSTS

- all

Related to the production of a criminal case expenses that are subject to reimbursement at the expense of the federal budget or funds of participants in criminal proceedings on the basis and in accordance with the procedure established by law.

PI in the form of cash costs associated with the production of a criminal case, include:

1) amounts paid to the victim, witness, their legal representative, expert, specialist, interpreter, as well as understood to cover transportation costs at the turnout to the place of procedural actions and back, for housing for the period of residence at the place of investigation or trial;

2) the amount paid to the worker who has a permanent income to the victim, the witness, their legal representatives, understood as compensation for the wages they have not received for the time spent on turnout in

The body of inquiry, the investigator, the investigator, the prosecutor or the court on their summons;

3) money amounts paid by a non-permanent victim to a victim, a witness, their legal representatives, and also understood for distraction from ordinary occupations during the time of procedural actions;

4) monetary remuneration paid to non-standard experts, translators, specialists for participation in procedural, investigative and judicial actions in the course of criminal proceedings in cases when they performed these duties not in the order of official assignment (instruction);

5) amounts paid to a lawyer (advocate) for providing them with legal assistance in the event of his participation in the conduct of a preliminary investigation or a trial of the case on purpose;

6) amounts spent for the storage, transfer or destruction of physical evidence;

7) amounts spent for conducting forensic examination in expert institutions, including costs related to:

A) with compensation for storage by a transport organization of those who have entered the judicial

Examination of research facilities, excluding fines for late receipt by the institution;

B) with the transportation of objects after their investigation, with the exception of postal expenses;

C) with the storage of research facilities in a state forensic expert institution after the end of the forensic examination in excess of the time limits established by regulatory legal acts of the relevant federal executive bodies;

8) a monthly state allowance in the amount of 5 times the minimum wage paid to the accused, temporarily suspended from office by the court during the preliminary investigation;

9) other expenses incurred in the proceedings in the criminal case, in cases provided for by the Code of Criminal Procedure of the Russian Federation or the International Treaty of the Russian Federation.

Other costs incurred in the proceedings in a criminal case may include costs for reimbursement of the cost of items and things that have been damaged or destroyed during judicial proceedings

Expertise or investigation experiments; Sums for reimbursement of expenses of persons required for identification as extras (except for suspects and accused persons) and

Other

To PI can not be attributed the amount paid to a person in connection with his summons for questioning as a witness in a case on which subsequently this person was brought to criminal responsibility and convicted.

At the end of the investigation in the criminal case, the investigator and the investigator shall attach, respectively, to the indictment or the indictment as an appendix the certificate of PI. On the costs incurred by the court, such a certificate must be appended to the case by the court secretary. The decision of the court on the distribution of PI should be stated in the operative part of the sentence.

Legal costs do not include:

1) wages of employees of the bodies of inquiry, preliminary investigation, prosecutor's office and court during their participation in criminal proceedings;

2) the expenses of these persons for travel to the place of production in the case and the hiring of a dwelling;

3) kept in accordance with the law

Average earnings during their participation in investigative and judicial actions;

4) clerical and postal expenses incurred in the proceedings;

5) expenses of interested departments for conducting documentary audits in connection with the criminal activity of a financially responsible person.

PI shall be collected by the court from each convicted person or taken to the account of the federal budget in the cases specified in the law. According to the court decision, the convicted person is charged all expenses related to the criminal case, except for the sums paid to the interpreter, as well as to the lawyer (attorney) in cases when he participated in the process as directed. Admission to the account of the State of PI with the payment of sums to an interpreter and defender by appointment is a means of ensuring in the criminal trial of the constitutional principles on the language of criminal proceedings and the right of the defendant to defend.

PI are subject to recovery in the income of the state and from convicted persons released from punishment. When deciding a conviction of several convicts

In one case, the costs are collected from all the perpetrators, except those that are declared insolvent.

PI are reimbursed at the expense of convicts in a shared order, taking into account the nature of the fault, the degree of responsibility and property status of each: they can be recovered from each convicted person in equal shares and in different amounts.