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The Law Of Some Of The Proceedings, The Decision On The Costs Of Government Service To The Resources Of The State

Original Language Title: Laki eräistä oikeudenkäynneistä valtion palveluksessa oleville aiheutuvien kustannusten korvaamisesta valtion varoista

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Act concerning certain judicial proceedings in respect of the reimbursement of costs incurred by the State

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1

Any person employed by a State which is accused of a wrongdoing in the supply or employment of a post or which is required to pay compensation in respect of a procedure shall be carried out if the requirements have been rejected, on the application from State resources to him The amount of the costs of the court decision.

State resources may be made available from State resources to compensate for the costs incurred in the proceedings referred to in paragraph 1, of which he was not subject to any compensation, when it was And other circumstances, it is reasonable.

If the case is closed without a judgment of the Court, it may be possible for a State service to pay reasonable compensation for the costs of the pre-trial investigation or any other costs deemed necessary. When considering the reasonableness of the compensation, account shall be taken of the status of the service, the nature of the case and other circumstances. (23.6.2005)

§ 1a (19/121980/891)

For a State employed by the police, the border guard, the customs man, the prisoner of prison and the State which is ordered to maintain the order, who is accused or who is required to provide compensation for the conduct of the post or work, In the context of the use of illegal force, the grant of an exemption from the legal aid (257/2002) Of fees and charges. If, for reasons of quality or for any other reason, it is obvious that he or she is unable to properly supervise the interests and the right of the assistance, he or she shall be subject to the application for legal assistance. (5.4.2002)

Paragraph 1 shall also apply to:

(1) any other State service which has a legal right to use force;

(2) in the service of the State which is accused or required to be compensated for the offence of the carriage of an engine-driven vehicle on an alert; and

(3) a State-employed credit which is accused or is required to pay compensation for an error in pilotage.

The fee and remuneration payable to the trial assistant, for his determination and for the legal counsel, shall apply mutatis mutandis to the provisions of the law on criminal proceedings (689/1997) Provides for a defence and legal counsel for the plaintiff. (19/122008/930)

Article 1b (19/121980/891)

If the person referred to in Article 1a is convicted or ordered to pay damages, he/she may, when his procedure is to be regarded as being a serious person, be ordered to reimburse the State from its assets under Article 1a; and If it is justified on the basis of the quality of the act and the personal or economic circumstances of the defendant.

Paragraph 2 has been repealed by L 13.3.1987270 .

Article 1c (13.3.1987/270)

Where a State service requires a penalty or compensation for a crime which has been directed against his life or health, or for his personal freedom when he or she is performing a post or a job, or Must be exempted from the charges and costs referred to in Article 1a (1), provided that the execution of his legal protection requires the seriousness of the offence, the damage caused by the offence or any other For a particular reason. Under the conditions laid down in the said loan, the court or tribunal shall, upon request, be ordered by the court.

If the person employed by the State has been killed in the event of a crime, the benefits referred to in paragraph 1 shall be granted to his spouse and children under the conditions laid down therein.

When the offence referred to in paragraph 1 has been committed against the person who has been instrumental in the service of the State in the event of a post or employment service, he or, if he has been killed, his spouse and The benefits referred to in paragraph 1 shall be granted to their children under the conditions laid down therein.

Article 1d (19/122008/930)

Article 1d has been repealed by L 19 DECEMBER 2008/930 .

ARTICLE 2

If the person employed by the State is paid the compensation referred to in Article 1 (1), the payment shall be transferred to the State liable for payment of the compensation.

If the decision of the court in which the person employed by the State is to pay the costs of the proceedings is annulled or amended, the amount of the State resources paid to him may be recovered under Article 1 (1).

When recovery of the claim transferred to the State referred to in paragraph 1 would be disproportionate, it can only be recovered or not recovered.

ARTICLE 3 (19/121980/891)

The payment of the compensation referred to in Article 1 and the payment of the compensation and the non-enforcement of the claim referred to in Article 1 shall be decided by the Treasury.

§ 4

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

§ 5

This Act shall enter into force on 1 May 1974. It repeals the police law of 18 February 1966 (84/66) .

The law shall apply to proceedings in which the final decision has been declared or issued after the entry into force of the law.

Entry into force and application of amending acts:

19.12.1980/891:

This Act shall enter into force on 1 January 1981.

13.3.1987/270:

This Act shall enter into force on 1 May 1987.

HE 190/86, second Ivhms. 11/86, svk.M. 248/86

5.4.2002/265:

This Act shall enter into force on 1 June 2002.

THEY 82/2001 LaVM 22/2001, EV 182/2001

23.6.2005/466

This Act shall enter into force on 1 July 2005.

This law shall apply to the reimbursement of costs incurred after the entry into force of the law.

THEY 39/2005 , HaVM 8/2005, EV 65/2005

19.12.2008/930:

This Act shall enter into force on 1 February 2009.

THEY 103/2008 , LaVM 12/2008, EV 142/2008