Where are Trial Expenses Paid in Criminal Procedure?
In the criminal procedural process, trial expenses are part of the principle of fair trial and are one of the important elements affecting the functioning of the cases. Who and where these expenses will be paid becomes clear when the case is concluded. Below, where the trial expenses in criminal procedural proceedings will be paid and how this process works are explained in items.
1. What are Trial Expenses?
Trial expenses cover all expenses incurred during the criminal trial. These expenses include:
Court Fees: Official fees paid during the opening and conduct of the case.
Expert Fees: Fees paid to experts while the file is being examined.
Witness and Interpreter Fees: Payments made for hearing witnesses or translation services.
Discovery Expenses: Expenses made for discoveries that will change the course of the case.
Postage Expenses: Fees paid for notifications and transactions made by mail.
2. Payment of Trial Expenses
When the criminal trial process is completed, the court decides who will pay the trial expenses. The party to whom the trial expenses must be paid may vary depending on the outcome of the decision:
If a Conviction Decision is Made: If a conviction decision is made against the defendant, the trial expenses are generally paid by the defendant. In other words, the defendant is both sentenced for committing the crime and is held responsible for paying the costs of the trial process. Example: If the defendant in a fraud case caused various trial expenses such as expert examination, hearing witnesses and conducting a discovery, the court orders that these expenses be paid by the defendant.
If an Acquittal Decision is Made: If the defendant is acquitted, the trial expenses are covered by the state. In other words, the expenses incurred by the acquitted person during the trial are not reimbursed; however, no trial expenses are requested from him/her. Example: If a person tried for the charge of forging a document is found not guilty, the trial expenses are covered by the state budget and no payment is requested from the defendant.
In Case of Complaint: The person who filed the criminal case, namely the complainant, may be liable to pay the trial expenses if he/she loses the case. However, if he/she wins the case, the trial expenses are usually charged to the defendant. Example: If the complainant who is the victim in a battery case wins the case, the court orders the defendant to pay the trial expenses.
3. Where are the Trial Expenses Paid?
Where the trial expenses are paid depends on the type of court where the case is heard and at what stage the fee is paid:
Court Cashier: Trial expenses are generally paid to the court cashier in the courthouse where the case is heard. The defendant, the complainant or one of the parties deposits the determined amount to the relevant court cashier after the court decision. This transaction is carried out in return for a receipt. Example: When the defendant is convicted in a theft case, the court orders the court expenses to be paid to the court cashier within a certain period. If the defendant does not pay within this period, enforcement proceedings may be initiated.
Tax Office: In some cases, litigation expenses are collected through the tax office. Especially when it comes to fines, the tax office steps in and collects these fines. Example: If a fine ruled in a criminal case is not paid, the process of collecting the fine through the tax office begins.
Postal and Duty Expenses: If postal and duty expenses have been paid in advance, the court orders that these expenses be paid by the convicted party. These payments are usually made through the court treasury.
4. Failure to Pay Trial Expenses
If the defendant or the complainant delays paying the trial expenses ruled by the court, legal sanctions come into play:
Enforcement Proceedings: If the trial expenses are not paid within the period determined by the court, enforcement proceedings are initiated and the receivable is attempted to be collected.
Seizure Procedures: If expenses are not paid, seizure procedures may be initiated and the assets of the defendant or the relevant party may be seized. Example: If a person convicted of a crime does not pay the trial expenses, enforcement proceedings may be initiated and the person’s salary or bank accounts may be seized.
5. Exemption from Trial Expenses
In some cases, exemption from trial expenses is possible:
Legal Aid: Defendants with insufficient financial means may be exempted from trial expenses by benefiting from legal aid. In this case, the state covers the trial expenses. Example: If a defendant with a low income level requests legal aid and this request is accepted, the trial expenses will not be requested from him.