After years of criminal proceedings and a final acquittal, the case may be over but its costs remain: lawyers’ fees, expert reports, travel and years of uncertainty. Can the State be required to compensate you?
The starting point
Following an acquittal, judicial expenses advanced by the State generally remain payable by the State. Fees paid to retained counsel and other personal expenses are not automatically reimbursed. Recovering them may require a separate action against the State, depending on the legal basis and facts.
The legal basis
Claims have been framed by reference to civil liability, including Article 1349 and following of the Civil Code, and the guarantees of the European Convention on Human Rights, particularly a fair trial within a reasonable time under Article 6 and protection of private life and reputation under Article 8. A final acquittal does not by itself establish every condition of State liability. The applicable basis, alleged breach, loss and causal link must be assessed and proved in the particular case.
What may be claimed?
Potential claims include actual expenditure, such as legal fees, expert reports and procedural costs supported by contracts and payment records, non-material damage resulting from reputational harm or the duration and exposure of the proceedings, and consequential financial loss such as lost earnings. Each claim requires its own evidence. Unsupported estimates are insufficient.
A realistic assessment
Such actions are not a formality. The State may contest liability, and case law depends on the legal and factual context. Relevant factors include the length of the proceedings, the basis of the acquittal, the conduct of the judicial authorities and the quality of the evidence of loss. The possibility of a claim deserves an informed assessment.
This article is general information and does not constitute legal advice. Arrange a discussion about the circumstances of your case.