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When must the prosecutor's office pay state criminal compensation, and what is owed if payment comes after the period the provision sets?

General information · Not legal advice

Material to check

In the practice file we read the claim for payment of compensation with the stamp or receipt showing the day the prosecutor's office received it, and the papers recording the day any payment was actually made, since both dates fix the period and any delay interest.

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

Where readings differ

One reading takes the two steps in order: having received the claim for payment of compensation, the prosecutor's office must pay within the period the provision sets, and if it does not pay by that deadline, it must pay delay interest at the statutory interest rate under the Civil Code for each day from the day after the deadline up to and including the day of payment.

Another reading notes that the provision fixes what the prosecutor's office owes when it pays late but says nothing about what a claimant may do to enforce either the payment or the delay interest, so the deadline and the interest run on the provision's own terms without the provision opening any further step.

Your judgment

If the delay interest is tendered at the same time as the compensation, what in the file shows the day the prosecutor's office received the claim and so the day the period began?

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 length of the period, the point from which the period runs, or the rate of delay interest, or if a decision explains which day counts as the day of payment.

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