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In accordance with the decision of the Parliament:
The witness, at the invitation of the prosecutor and of the preliminary investigation authority or of a court other than a court, who has received a court case, shall have the right to obtain reasonable compensation from State resources for the necessary travel and The cost of living and the financial loss. The witness shall have the right to compensation provided for in this Act, even if he has been heard by telephone or videoconferencing.
The Court of Justice may order, in the case of a criminal case, by a public prosecutor, in accordance with the criteria laid down in this Act, the compensation to be paid by the other party to the witness, if the proof has been to: Necessary. In the same way, compensation may be ordered to the witness who is the subject of the coercion of the suspect or the plaintiff. Since the party has already paid the witness compensation, a corresponding compensation must be provided for the State resources. However, it shall not exceed the amount of compensation payable to the witness under this law.
The plaintiff and his legal representative, who have been ordered or summoned in person to appear before the Court in order to clarify the case, shall be entitled to the same compensation as the witness. The compensation shall be taken into account in order to compensate the recipient of the costs of the costs.
Where a witness or an injured party receiving compensation from State resources or his or her legal representative needs an escort to appear before the court, compensation shall also be paid to the accompanying person in accordance with the criteria laid down in this Act.
The costs of the mission shall be reimbursed by the costs necessary for the journey.
In the form of compensation for the cost of implementation, daily allowance and accommodation allowance shall be paid.
In economic terms, the loss of earnings or other income, the appropriate remuneration for the replacement and the remuneration of the home or nurseries, and any other material loss to which the right to compensation has been incurred, has been incurred.
The financial loss will be compensated for by the amount which it is entitled to prove credibly that it will lose.
The maximum amount of financial compensation in euro is regulated by a Council regulation.
At the end of the hearing, the President of the Court shall inquire whether a witness or other State resources are required to be entitled to compensation under this Act. At the end of the proceedings, the decision or judgment shall confirm separately the amounts to be paid in compensation for travel costs, subsistence costs and financial loss. The advances made shall be taken into account as a deduction.
Where a witness or other State resources entitled to compensation for travel and subsistence expenses and for the loss of financial compensation are higher than the amount of the State resources may be granted, the party to which this law is based shall be entitled: To compensate the State for the costs of proof, while at the same time imposing an additional reasonable amount of compensation.
With regard to the decision or judgment of the court on compensation for the costs of proof of appeal, Article 68 of Chapter 17 of the Court of Justice, -In.
L to 743/2015 Article 10 enters into force on 1 January 2016. The previous wording reads:
Appeals against the decision of the court or judgment relating to the reimbursement of costs of proof Article 42 of Chapter 17 of the Court of Justice, In the manner provided for.
For the purposes of the proceedings before the Court, the right to reimbursement of the costs referred to in Article 5 shall be the right to receive compensation in advance from the funds referred to in Article 5. The advance may also be carried out for the purpose of subsistence costs, when it is considered justified in relation to the quality of the case and the circumstances justifying the compensation.
The invitation shall include information on the right to advance and the procedure for obtaining it.
The person wishing to be entitled shall request it from the head of the police department of his place of residence or from the official who has been instructed by the Head of the Police Department to deal with matters relating to the advance. The request shall be accompanied by a statement that the applicant of the advance has been summoned to the court and, where appropriate, the cost of the travel and subsistence expenses incurred.
The request for an advance shall be resolved immediately by a decision setting out the amount of advance for travel and subsistence expenses separately. The decision must be sent without delay to the court to which the beneficiary must travel. If the notification of the decision is not likely to have the time to be dealt with, it shall also be communicated to the court in time by other means.
The decision to obtain the advance shall not be subject to any appeal.
If the advance has not fulfilled the task for which the advance has been granted, the court shall order the advance to be recovered from him in so far as it has not been used for the costs referred to in Article 11. It can be decided without prior consultation of the recipient.
The defendant's obligation to pay the State through its resources under this law shall be governed by the law on criminal proceedings (689/1997) in Chapter 9 of Chapter 9 .
When an accusation or other claim is inadmissible, is rejected or dismissed, the court or tribunal shall consider whether the compensation to be paid to the witness and any other eligible State is to the detriment of the State or whether the plaintiff is Obligation to replace them with the State.
In the case of coercive measures and of the pre-trial (805/2011) in Chapter 7. Shall remain to the detriment of the State to the witness. The compensation paid in connection with extradition is also to the detriment of the State.
More detailed provisions on travel expenses compensation and the basis for calculating travel costs, as well as the amount of the daily allowance and accommodation allowance and the basis for calculation are laid down by a decree of the Council. More detailed provisions may also be adopted by the Government Decree on the practical arrangements for the reimbursement of the costs of proof and advance payments.
This Act shall enter into force on 1 January 1973 and repeal the Act of 28 October 1938 on the remuneration of witnesses of State resources (333/38) And the Declaration of 21 March 1892 on the amount of compensation to be paid to witnesses in criminal matters.
This Act shall enter into force on 1 January 1989.
HE 186/88, Ivhms. 14/88, svk.M. 217/88
This Act shall enter into force on 1 October 1997.
THEY 82/1995 , LaVM 9/1997, EV 98/1997
This Act shall enter into force on 1 January 2014.
THEY 222/2010 , LaVM 44/2010 EV 374/2010
This Act shall enter into force on 1 January 2013.
THEY 30/2012 , LaVM 6/2012, EV 61/2012
This Act shall enter into force on 1 September 2013.
This law repeals the Regulation on the cost of proof of State resources (13/02/1972) .
THEY 28/2013 , LaVM 9/2013, EV 65/2013
This Act shall enter into force on 1 January 2016.
THEY 46/2014 , LaVM 19/2014, EV 274/2014
