Who Pays for CMK Trial Expenses? Tips and Examples
Trial expenses incurred during trials conducted under the Code of Criminal Procedure (CMK) are an important legal issue for the parties to the case. During the trial process, there are various expenses faced by both the parties and the state. So, who pays the CMK trial expenses? This article will discuss tips and examples on who will cover the trial expenses.
1. What are Trial Expenses?
According to the CMK, trial expenses refer to all expenses incurred during the process of a criminal case. These expenses include:
Court Expenses: Expenses incurred for filing a lawsuit, hearing, and file procedures.
Witness, Expert and Interpreter Fees: Calling witnesses or experts to court and paying their fees.
Discovery and Investigation Expenses: Expenses incurred for the discovery and examinations conducted at the scene.
Notification Fees: Costs incurred for summoning hearings and notifying the parties of decisions.
2. Who Pays Trial Expenses?
The question of who pays trial expenses in criminal trials may vary depending on the outcome of the case. The following explains how trial expenses are covered in different situations.
a. Party Found Guilty
If the Defendant is Convicted: According to the CMK, if the defendant is convicted, trial expenses are generally charged to the defendant. In this case, the defendant is responsible for covering all trial expenses since he/she is found guilty. For example, a defendant convicted in a theft case must pay both witness fees and court fees.
b. Party Acquitted
If the Defendant is Acquitted: If the defendant is acquitted, the trial expenses are covered by the state. The acquitted party may claim the expenses it has incurred during the trial process. For example, after a wrongfully accused person is acquitted, the state will cover the trial expenses.
3. Exceptional Cases
In some cases, there may be differences in who will pay the trial expenses.
Partial Conviction: In cases where the defendant is acquitted of some crimes and convicted of other crimes, the trial expenses can be distributed according to both situations. For example, if a defendant is tried for two crimes and is acquitted of one and convicted of the other, the state pays the expenses of the crime for which he was acquitted, and the defendant pays the expenses of the crime for which he was convicted.
Legal Aid and Free Lawyer Service: According to the CMK, a free lawyer can be assigned by the state to people with insufficient financial means. In this case, even if the defendant is covered by legal aid and is convicted, the lawyer’s fee is covered by the state.
4. Recovery of Trial Expenses
In some cases, trial expenses can be recovered. These situations include the following:
Compensation Cases: People who are tried without charge and acquitted can file a compensation case against the state for the damages they suffered and the trial expenses. In this case, it is also possible to recover the trial expenses.
Expenses Due to the Fault of the Defendant: If the defendant has unnecessarily prolonged the trial process or concealed evidence, additional trial expenses may be charged to the defendant. For example, a defendant who tries to mislead the court with forged documents may have to pay the additional expenses incurred as a result.
5. Sample Cases
Example 1: Theft Case: A defendant is tried and convicted of the crime of theft. In this case, the court decides that the defendant will pay the expert examination and witness fees. The defendant must also cover the court fees.
Example 2: Intentional Wounding Case: In another case, the defendant is acquitted of the crime of intentional wounding. At the end of the trial, all trial expenses such as bringing witnesses and expert examinations are covered by the state.
6. Ways to Avoid Trial Expenses
Conciliation and Mediation: In criminal cases, trial expenses can be avoided if the parties agree. Especially in cases of minor crimes, conciliation is advantageous for both the parties and the trial processes.
Out-of-Court Solutions: Parties can avoid potential costs by reaching an agreement before going to court. This is a preferred method, especially in simple criminal cases.
