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KSTGeneral information, not legal advice
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Who decides a claim for compensation of costs, and on whose application is it decided?

General information · Not legal advice

Material to check

In practice material of this kind, the papers to read are the certified copy of the judgment of acquittal, which shows the court that pronounced it, and the record showing that the claimant is the person who was the accused, along with the application for compensation naming that court.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes every condition in the provision at once: compensation of costs is decided, by a ruling, on the application of the person who was the accused, and it is the collegiate bench of the court which pronounced the judgment of acquittal that decides.

Another reading notes that the provision fixes the deciding body and the claimant but leaves open how the application must be made and what it must show, and it does not say who may claim if the person who was the accused has died.

Your judgment

If the person who was the accused has died before making a claim, how would the file show who stands in that person's place?

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 which court decides or whose application triggers a decision, or if a decision explains who may make the claim when the person who was the accused has died.

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