Problems of Reimbursement of Expenses for the Defence Lawyer’s Representation in the Case of a Judgment of Acquitta l

Šalčius Marijus () and Milinis Albertas ()

European Studies - The Review of European Law, Economics and Politics, 2023, vol. 10, issue 1, 183-208

Abstract: In this article, the authors analyse problems of reimbursement of expenses for the defence lawyer’s representation in the case of a judgement of acquittal. The identification of problems is based on the analysis of EU law, ECtHR jurisprudence and the legal regulation of some European countries. During the research, it was identified that the establishment of the aforementioned right is not mandatory according to the EU law and is left to the discretion of the Member States. It was also found that realization of this right of the acquitted person often balances on the edge of the conflict between individual’s and public interest. Although the right of the acquitted person to reimbursement of the expenses for the defence lawyer’s representation is provided in all States analysed in the Article, the application of this right is quite different. In some of the analysed States, the aforementioned right is guaranteed not only to the acquitted person but also to the one in respect of who the criminal proceedings are terminated or he is partially acquitted. Taking into account the identified lack of the legal regulation in Lithuania and adopting good practices of other European countries, proposals are presented in the Article on how the legal regulation of Lithuania could be improved. According to the authors, the realization of these proposals would allow to achieve an optimal balance between the individual and public interests.

Keywords: Criminal procedure; tort liability; human rights; defence expenses; balance of interests (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:10:y:2023:i:1:p:183-208:n:4

DOI: 10.2478/eustu-2023-0008

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