When a claim has been made under the acquittal compensation provisions, what must the Ministry of Justice post, on whose application, and from which date is the period measured?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the claim application for acquittal compensation together with a date stamp or receipt showing when the claim was received, the certified copy of the final acquittal judgment, and any transmittal record showing the date the final case record reached the district public prosecutor's office. We also check the Ministry of Justice website for the posted judgment.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as the provision frames it: on receipt of a claim made under the acquittal compensation provisions, the acquittal judgment must be posted on the Ministry of Justice website within the period the provision sets from the date of receipt, and the posting must be of the judgment rather than of a summary, but the provision lets part of the judgment be deleted from the posting in the cases it lists.
Another reading is confined to the proviso: only where the final record of the acquitted case had not been transmitted to the relevant district public prosecutor's office when the claim was received does the period instead run from the date of that transmission, so a file showing earlier transmission leaves the receipt date as the starting point. The provision does not name the official answerable for posting or state any consequence of posting after the period has passed.
Your judgment
If the final record arrived at the district public prosecutor's office in several parts, which date in the file should be treated as the date of transmission?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change the starting point of the period or the body responsible for posting, or if a court decision decides when transmission to the district public prosecutor's office counts as made, or what follows from posting after the period has passed.