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Reimbursement of legal costs in criminal proceedings. Irkutsk Regional Court. Reimbursement of procedural costs. Procedural decisions on the distribution of procedural costs

Decree of the PVS of the Russian Federation No. 42 of December 19, 2013 "On the practice of the courts' application of legislation on procedural costs in criminal cases"

In order to ensure the unity of judicial practice on the application of legislation on procedural costs in the implementation of criminal proceedings, the Plenum The Supreme Court Of the Russian Federation, guided by Article 126 of the Constitution of the Russian Federation and Articles 9, 14 of the Federal constitutional law dated February 7, 2011 No. 1-FKZ "On courts of general jurisdiction in the Russian Federation", decides to give the courts the following clarifications:

1. Within the meaning of Article 131 of the Criminal Procedure Code of the Russian Federation, procedural costs are necessary and justified costs associated with the proceedings in a criminal case, including payments and remuneration to individuals and legal entities involved in criminal proceedings as participants (victims, witnesses, experts, translators, attesting witnesses, lawyers, etc.) or otherwise involved in solving the tasks before him (for example, persons who have transferred the property of a suspect, accused, or persons who store, forward , transportation of material evidence in a criminal case).

2. Based on the provisions of clause 9 of part 2 of article 131 of the Code of Criminal Procedure of the Russian Federation, the list of types of procedural costs is not exhaustive.

Other costs incurred in the course of criminal proceedings include, in particular, costs directly related to the collection and examination of evidence and provided for by the Criminal Procedure Code of the Russian Federation (for example, costs associated with the participation of a teacher, psychologist and other persons in proceedings investigative actions).

In addition, these include the expenses of the victim for the participation of a representative, confirmed by the relevant documents, expenses of other interested parties at any stage of criminal proceedings, provided they are necessary and justified.

3. To draw the attention of the courts to the fact that procedural costs do not include the amounts spent on the production of a forensic examination in state forensic institutions(expert subdivisions), since their activities are financed from funds federal budget or the budgets of the constituent entities of the Russian Federation (Article 37 of the Federal Law of May 31, 2001 No. 73-FZ "On State Forensic Expert Activity in the Russian Federation").

Procedural costs do not include the costs of compensation for harm caused by illegal actions and decisions of the bodies of inquiry, preliminary investigation, prosecutor's office, in the manner prescribed by parts 3 and 5 of Article 133 of the Code of Criminal Procedure of the Russian Federation (for example, costs of compensation for damage caused as a result of illegal seizure and retention property as material evidence).

4. Explain to the courts that when determining the amount of remuneration to a lawyer participating in a criminal case on the appointment of an inquirer, investigator and court, the time spent by him on the exercise of powers shall be taken into account, foreseen in parts 1 and 2 of Article 53 of the Code of Criminal Procedure of the Russian Federation, including time spent visiting a suspect, an accused, a defendant, a convicted person, a person in respect of whom the proceedings on the application of compulsory measures are being conducted medical nature who is respectively in a pre-trial detention center (temporary detention center) or in psychiatric hospital, to study the materials of the criminal case, as well as to perform other actions of a lawyer to provide qualified legal assistance, provided they are confirmed by documents.

In this case, the time of employment of a lawyer is calculated in the days in which he was actually engaged in the execution of an order in the relevant criminal case, regardless of the duration of work in this criminal case during the day, including during non-working holiday or weekend or night time. In cases where a lawyer performed assignments in several criminal cases during the day, the issue of remuneration for his work should be decided on each criminal case separately.

In cases of the participation of a lawyer in criminal proceedings on the appointment of an inquiry officer, investigator or court on the territory of the Far North and equivalent areas, as well as in other areas with difficult climatic conditions, in which the legislation of the Russian Federation establishes percentage allowances and (or) regional coefficients to wages, the remuneration of a lawyer is made taking into account the indicated allowances and coefficients, regardless of the locality in which his legal education is registered (a lawyer's office, a bar association, a law office or a legal consultation).

5. In accordance with part 1 of Article 132 of the Code of Criminal Procedure of the Russian Federation, procedural costs are recovered from convicts or reimbursed from the federal budget. The decision of the court to reimburse procedural costs at the expense of the federal budget or to recover them from the convicted person must be motivated.

Within the meaning of the provisions of Part 1 of Article 131 and Parts 1, 2, 4, 6 of Article 132 of the Code of Criminal Procedure of the Russian Federation in their interconnection, the court should decide on reimbursement of procedural costs from the federal budget, if the property insolvency of the person is established at the hearing from which they should be recovered, or the grounds for releasing the convicted person from their payment.

In addition, procedural costs are reimbursed at the expense of the federal budget, in particular, in the following cases:
- face rehabilitation;
- participation in a criminal case of an interpreter, except for the performance of his duties in the course of his official assignment;
- Consideration of criminal cases on the use of compulsory medical measures in accordance with the provisions of Chapter 51 of the Code of Criminal Procedure of the Russian Federation;
- consideration of a criminal case in special order the proceedings provided for in Chapters 40 and 40.1, Article 226.9 of the Code of Criminal Procedure of the Russian Federation, including when appealing a sentence in a court of appeal, cassation or supervisory instance.

6. In case of acquittal of the defendant in a criminal case under one of the articles of the charge brought against, the procedural costs associated with this charge shall be reimbursed at the expense of the federal budget.

7. When deciding on the recovery of procedural costs from the convicted person, the courts must take into account that the amounts paid to the defense lawyer are not recovered from him in cases where the person announced his refusal to have a defense lawyer, but the refusal was not satisfied and the defense lawyer participated in the criminal case by appointment (parts 2 and 4 of Article 132 of the Code of Criminal Procedure of the Russian Federation).

Explain to the courts that a statement by a suspect, accused, defendant or convicted person to refuse the assistance of an appointed lawyer due to his / her pecuniary insolvency cannot be regarded as a refusal from a defense lawyer. In such cases, in accordance with Part 1 of Article 51 of the Criminal Procedure Code of the Russian Federation, the participation of a defender is mandatory, and the corresponding procedural costs can be recovered from the convicted person in accordance with the general procedure.

If the court, when deciding the issue of procedural costs, comes to a conclusion about the property insolvency of the convicted person, then by virtue of the provisions of Part 6 of Article 132 of the Code of Criminal Procedure of the Russian Federation, the procedural costs must be reimbursed at the expense of the federal budget. It should be borne in mind that at the time of solving this issue, the person Money or other property in itself is not a sufficient condition for declaring it property insolvent.

8. In accordance with part 8 of Article 132 of the Code of Criminal Procedure of the Russian Federation, the obligation to reimburse procedural costs may be imposed on the legal representative of the minor who committed the crime.

When resolving this issue, the court must find out, in particular, the possibility of recovering procedural costs at the expense of the minor himself, as well as the property status of his legal representative. In the event that the property insolvency of the minor and his legal representative is established, procedural costs shall be reimbursed from the federal budget.

Simultaneous collection of the same procedural costs in a shared order from a minor and his legal representative is not allowed.

9. According to part 9 of Article 132 of the Code of Criminal Procedure of the Russian Federation, upon acquittal of a defendant in a criminal case of a private prosecution, the court has the right to recover procedural costs in whole or in part from the person on whose complaint the proceedings were initiated in this case.

The courts should keep in mind that non-confirmation of the charges brought against in the course of the trial is not, in itself, a sufficient basis for declaring illegal an appeal to a magistrate with a statement to bring a person to criminal liability in private prosecution and, as a consequence, to make a decision on recovery procedural costs from a private prosecutor.

When resolving this issue, it is necessary to take into account, in particular, the factual circumstances of the case, testifying to the good faith delusion of the private prosecutor or, on the contrary, to abuse of his right to prosecute another person in the manner of private prosecution.

10.According to the requirements of part 5 of article 220, part 3.1 of article 225, part 1 of article 226.1 of the Code of Criminal Procedure of the Russian Federation to indictment, indictment, or indictment a certificate of procedural costs must be attached. In a criminal case received by the court, it is necessary to check whether the authorities have carried out preliminary investigation specified requirements.

In accordance with paragraph 1 of part 1 of Article 237 of the Criminal Procedure Code of the Russian Federation, the absence of information about procedural costs in the materials of the criminal case is not a reason for returning the criminal case to the prosecutor, since it does not exclude the possibility of a court ruling a sentence or making another decision on the case.

11. The payments provided for in part 2 of Article 131 of the Code of Criminal Procedure of the Russian Federation may be made by order of a judge, rendered without a court hearing on the basis of a written application from interested persons with the attachment, if necessary, of relevant documents.

To draw the attention of the courts to the fact that the decision to collect the specified payments (procedural costs) from the convicted person is possible only in court. In this case, the convicted person is given the opportunity to bring to the attention of the court his position regarding the amount of costs recovered and his property status.

12. Explain that in accordance with clause 13 of part 1 of article 299 of the Code of Criminal Procedure of the Russian Federation, the issue of procedural costs is subject to resolution in the judgment, which indicates to whom and in what amount they should be imposed.

In the case when the issue of procedural costs was not resolved during the sentencing, it is resolved at the request of interested persons by the same court as before entering into legal force the sentence, and during the period of its execution.

13. The courts should bear in mind that the convicted person's application to postpone the execution of the sentence in terms of resolving the issue of recovering procedural costs is subject to consideration in the manner prescribed by Article 399 of the Criminal Procedure Code of the Russian Federation.

14. In connection with the adoption of this resolution, the following shall be declared invalid:

Resolution of the Plenum of the Supreme Court of the Russian Federation of September 26, 1973 No. 8 "On judicial practice in the application of legislation on the recovery of procedural costs in criminal cases" (as amended by resolutions of the Plenum of December 21, 1993 No. 11 and of February 6, 2007 No. 7 );

Paragraph eight of sub-clause "c" of clause 1 of the resolution of the Plenum of the Supreme Court of the Russian Federation of December 21, 1993 No. 11 “On supplementing and changing some decisions of the Plenum of the Supreme Court of the Russian Federation”;

Clause 1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 6, 2007 No. 7 "On amendments and additions to certain decisions of the Plenum of the Supreme Court of the Russian Federation on criminal cases."

Criminal proceedings on general rule carried out at the expense of the state. However, situations arise when in the process there are costs that are not directly related to the functioning of bodies and officials and are included in a separate expense item. Such costs are referred to as procedural costs.

In accordance with Part 1 of Art. 131 of the Code of Criminal Procedure of the Russian Federation, procedural costs are costs associated with the proceedings in a criminal case, which are reimbursed at the expense of the federal budget or funds of participants in criminal proceedings.

Procedural costs include the following types payments.

  • 1. Sums paid to a victim, a witness, their legal representatives, an expert, a specialist, an interpreter, an attesting witness, as well as a lawyer participating in a criminal case on the appointment of an inquirer, investigator or court, to cover the costs associated with the appearance at the place of procedural actions and accommodation. These include travel costs, rental housing and additional costs associated with living out of the site. permanent residence(daily allowance).
  • 2. Amounts paid to an employee who has a constant salary to the victim, witness, their legal representatives, understood in compensation for what they have not received wages for the time spent by them in connection with the summons to the body of inquiry, to the investigator, prosecutor or to the court. This period also includes the time spent on travel to and from the place of criminal proceedings. Average earnings is saved for all working days of the week according to the schedule at the place of permanent work.
  • 3. Sums paid to a victim, witness, and their legal representatives, who are not paid a regular salary, for distracting them from their usual activities. These persons, in addition to the usual attendance costs, are also paid remuneration in the amount of the daily subsistence allowance established for official travel.
  • 4. Remuneration paid to an expert, translator, specialist for the performance of their duties in the course of criminal proceedings, with the exception of cases when these duties were performed by them as part of their service assignment. Payments of remuneration to non-staff experts, translators are made in accordance with the concluded agreement.
  • 5. Amounts paid to a lawyer for providing them legal aid in the case of the participation of a lawyer in criminal proceedings by appointment. If the defense attorney was invited by the suspect or the accused himself, then the payment for assistance is made by him personally. If the person refused a defense lawyer, but the refusal was not accepted, then the assistance of a defense lawyer is paid from the state budget.
  • 6. Amounts spent on storage and shipping of exhibits. Such expenses must be supported by appropriate documents.
  • 7. Amounts spent on production forensic examination in expert institutions. In state forensic institutions, all research is carried out at the expense of the state budget. However, in accordance with Art. 15 of the Federal Law of May 31, 2001 No. 73-FZ "On State forensic activity v Russian Federation"the head of the state forensic expert body has the right to demand from the body or official criminal proceedings compensation for a number of costs (storage by a transport organization of objects received for examination, transportation of objects, storage of objects beyond the established deadlines, etc.). If the expert institution is non-state, then the procedural costs include all costs incurred in connection with the production of a forensic examination, including those related to the remuneration of the expert.
  • 8. Monthly state allowance in size five minimum sizes remuneration paid to an accused suspended from office. The procedure for removing a person from office is regulated by Art. 114 of the Code of Criminal Procedure of the Russian Federation.
  • 9. Other expenses incurred in the course of criminal proceedings. These include, in particular, the costs associated with the collection and examination of evidence of the defendant's guilt (reimbursement of the value of things damaged or destroyed during investigative experiments or examinations, costs of reimbursement of expenses to persons presented for identification, other than the accused, etc. .). The list of such expenses is in any case not exhaustive.

Sums of money are paid by order of the inquiry officer, investigator or judge, or by order of the court.

In accordance with Part 1 of Art. 132 of the Criminal Procedure Code of the Russian Federation procedural costs are recovered from convicts or reimbursed from the federal budget.

The court has the right to recover procedural costs from the convicted person after the entry into force of the sentence against him. Procedural costs can also be recovered from a convicted person who has been released from punishment. In any case, the court does not have the right to recover from the convicted the amounts that were paid to the translator, since the translator's assistance is paid by the state in all cases (part 2 of article 18 of the Criminal Procedure Code of the Russian Federation). Also, no sums are collected if the person refused a defense lawyer, but such a refusal was not satisfied and the defense lawyer participated in the criminal case by appointment.

Procedural costs are reimbursed at the expense of the federal budget and in case of property insolvency of the convicted person. The court has the right to release the convicted person in whole or in part from payment of procedural costs and in cases where this may significantly affect the financial situation of persons who are dependent on the convicted person.

In criminal cases of crimes committed by minors, the court may impose the obligation to reimburse the procedural costs to the legal representatives of minors.

If the defendant in a private prosecution is acquitted, the court has the right to recover the procedural costs in whole or in part from the person on whose complaint the proceedings in this criminal case were initiated. When the criminal case is terminated due to the reconciliation of the parties, procedural costs are collected from one or both parties.

Case No. 10 - 25/15

Appeal

P O S T A N O V L E N I E

Soviet judge district court Lipetsk city Demyanovskaya N.A., with the participation of a private prosecutor - victim *** V.A., his representative by proxy from DD.MM.YYYY *** V.S., convicted Broslavsky V.I., with secretary Farafonova O.V., having examined in open court on appeal the criminal case on appeal the representative of the private prosecutor - the victim *** V.A. - *** V.S., on the decision of the magistrate judicial area No. 18 of the Soviet judicial district of the city of Lipetsk dated 20.07.2015 on the recovery of procedural costs in a criminal case,

U S T A N O V I L:

By the verdict of the magistrate of the judicial district No. 18 of the Soviet judicial district of Lipetsk dated 01.06.2015 Broslavsky V.AND. convicted under Part 1 of Art. (as amended by FZ dated 07.12.2011 No. 420-FZ) to a fine of 5,000 rubles and on the basis of Part 2 of Art. released from the assigned punishment in view of the act of amnesty with the removal of a criminal record. The specified verdict from Broslavsky V.AND. collected in favor of *** V.A. in a civil claim for compensation moral harm in the amount of 5,000 rubles and material damage 1658 rubles, the rest of the claim was denied.

By the decision of the magistrate of the judicial district No. 18 of the Soviet judicial district of the city of Lipetsk dated 20.07.2015, in the course of execution of the sentence, the issue of recovering procedural costs in a criminal case was resolved, which was recovered from V.AND.Broslavsky. in favor of *** V.A. travel expenses in the amount of 7223 rubles 90 kopecks, expenses for the payment of a representative in the amount of 14,000 rubles, the rest of the claims were refused.

In the appeal, the representative of the victim *** V.S., considering the decision of 20.07.2015, in view of the significant underestimation of the amount of expenses collected by the court for the representative of the victim from 78,000 rubles to 14,000 rubles, an unjustified refusal to collect amounts for the distraction of *** V. A. from ordinary occupations in the amount of 6046, 12 rubles, as well as violations of the legislation governing these relations, subject to change, indicating the following.

The legislator has not established any conditions that make the recovery of expenses related to the payment of remuneration to the victim's representative dependent on their "necessity and justification", and the RF Code of Criminal Procedure does not contain such a criterion as the reasonableness of expenses for a representative.

For the entire period of consideration of the criminal case, the interests of the victim *** V.A. defended in court by two representatives of *** S.V., for providing legal services which the victim incurred expenses in the amount of 15,000 rubles and *** E.N., for the provision of legal services for which the victim incurred expenses in the amount of 63,000 rubles. All expenses of the victim are confirmed by the payment documents available in the case file.

The Justice of the Peace in a ruling dated July 20, 2015, reducing the amount of expenses recovered for representatives of the victim from 78,000 rubles. up to 14,000 rubles, allowed material violation of the Criminal Procedure Law, applying it in an outdated version of November 25, 2013 No. 317-FZ, without taking into account the changes in the Federal Law No. 432 of December 28, 2013.

In addition, in violation of the Regulations on the Reimbursement of Procedural Costs Related to Criminal Proceedings, Costs in Connection with the Consideration of a Civil Case, and The Constitutional Court Of the Russian Federation (Decree of the Government of the Russian Federation of December 1, 2012 No. 1240), which established the procedure and the amount of reimbursement of procedural costs provided for in paragraphs 1 - 9 of part two of Article 131 of the Criminal Procedure Code of the Russian

Federation, connected with the criminal proceedings, unreasonably refused to collect the sums for the distraction *** V.A. from ordinary activities in the amount of 6046, 12 rubles.

During the consideration of the criminal case on the charges of Broslavsky V.I., for the period from DD.MM.YYYY to DD.MM.YYYY 23 court sessions and 1 procedural action were held, in which the victim *** V.A. took part personally coming to the city of Lipetsk from the village where he lives, which is why he was distracted from his usual activities, gardening work and various household chores. And since, being a pensioner *** V.A., in labor relations was not and did not receive a salary, the collection of amounts for distracting him from his usual activities was to be carried out by the magistrate in accordance with paragraph 3 of part 2 of Art. and the above clause 19 of the Procedural Costs Regulations, which, moreover, the recovery of these amounts from the convicted person does not make it dependent on the victim's proof of any losses, loss of earnings, but, on the contrary, means the compensation of these amounts at a fixed arithmetic amount and represent a kind of compensation for the alleged distraction of the victim from the usual daily activities, which occurred due to his participation in judicial review criminal case.

Asks the court appellate instance the decision of the magistrate of the judicial district No. 18 of the Soviet district of Lipetsk from 20.07.2015 to change in the part: - to recover from the convicted Broslavsky V.AND. the amount paid to the victim to cover the costs associated with the payment of remuneration to the representative of the victim in the amount of 78,000 rubles - to recover from the convicted Broslavsky V.AND. the amount for the distraction of the victim *** V.A. from regular activities in the amount of 6046.12 rubles. The decision regarding the recovery from the convicted Broslavsky V.AND. travel expenses of the victim *** V.A. in the amount of 7223.9 rubles. leave unchanged.

Convicted Broslavsky V.I. in his objections, considering the decision of the magistrate of the judicial district No. 18 of the Soviet judicial region of 20.07.2015 based on the law adopted taking into account the financial situation of V.AND. Broslavsky. and his family, and the appeal of the victim's representative was unfounded and unlawful, he asked to leave it unsatisfied, indicating that the criterion of "necessity and justification" of procedural costs is enshrined in federal law (Code of Criminal Procedure of the Russian Federation in Article 131), reflected in paragraph 1, 2 decisions of the Plenum of the Supreme Court of the Russian Federation of December 19, 2013 No. 42 "On the practice of applying legislation on procedural costs in criminal cases", and FZ No. 432 - FZ of December 28, 2013 are only specified or supplemented separate provisions Code of Criminal Procedure of the Russian Federation, for example, clause 1.1 of part 2 of Art. ...

Based on the criteria of "necessity and justification", a number of claims stated in the appeal to recover from him a number of sums that the victim has incurred as expenses are unnecessary, pursuing the goal of illegal enrichment, and subject to exclusion, such as: 5,000 rubles. for drafting objections of a private prosecutor on the termination of the criminal case against V.I. Broslavsky. an amnesty that is meaningless; 3 amounts of 5000 rubles. for the preparation of three applications for the recovery of procedural costs for the payment of the representative's services, for the payment for the distraction of the victim from the usual activities and for the payment of the victim's travel expenses, which could all be declared in one application even before the verdict was pronounced; RUB 5,000 for drawing up a statement by a private prosecutor to reduce the volume of the charge, which is senseless and unjustified, since the private prosecutor first increases the volume of the charge, then reduces and wants to receive compensation from the defendant for writing the statement, while statements of a procedural nature are submitted without additional payment; two amounts of 7000 rubles. for the representative of the victim to familiarize himself with the materials of the criminal case within two days, is unreasonably high, since the payment for the services of the lawyer of the defendant, set by the government in the amount of 1,100 rubles per day, regardless of the time of employment, cannot differ tenfold from the payment for the services of the lawyer of the victim; RUB 10,000 for compiling a written summary of evidence,

confirming the involvement of the defendant in the commission of a crime, this amount is completely unjustified, since the compilation of such generalizations, statements, objections and petitions is the responsibility of lawyers participating in the criminal process and receiving remuneration for participating in court hearings and the commission of other procedural actions, and besides, not a single federal law or other normative document does not contain instructions to consider an independent procedural cost subject to separate payment, payment for drawing up an application for the recovery of procedural costs, a statement to change the scope of the charge, a written summary of evidence, etc.

Considers unreasonable and the demand of the private prosecutor to recover legal costs associated with distraction from their usual activities, since such costs are paid to victims who do not have any earnings and are not in labor relations, while *** V.A. receives a monthly pension, and therefore has a constant income and the amount of the pension does not depend on the number of calls to court.

Judicial practice on:

Amnesty

Judicial practice on the application of the norm of Art. 84 of the Criminal Code of the Russian Federation

Criminal proceedings are inevitably associated with a number of costs. The concept of procedural costs, their features and types are enshrined in Art. 131 of the Criminal Procedure Code of the Russian Federation. Such procedural costs of the Code of Criminal Procedure of the Russian Federation mean the costs of the state or the participants in the proceedings. Accordingly, they are compensable. The rules for reimbursement of costs are also stipulated in Art. 131 of the Criminal Procedure Code of the Russian Federation.


To understand the features of collection, the principles of imposing costs on one or another side of production, you should indicate their types. The list is directly indicated in the named norm of the law and is not subject to broad interpretation. This excludes arbitrary application of the law and inclusion in judicial acts such costs that are not specified in the law.

The main types of costs are:

Thus, procedural costs are all costs associated with the organization of the trial and the payment of remuneration to the parties involved.

In general, the specified norm of the law is necessary. It seems that it serves as the only guarantee of the observance of the rights and interests of the participants in the criminal process. After all, participation in the investigation or trial is the responsibility of such persons. Persons involved in an investigation or trial cannot avoid appearing before an investigator or judge. They must appear, even if the process takes place in another city, region. Consequently, they are forced to bear the cost of housing, daily expenses, road. Failure to compensate for these costs will directly violate their rights and will be unfair. Therefore, the law establishes the right of these persons to receive reimbursement of all expenses from the budget.

The same applies to examinations. However, they are carried out in the interests of an objective resolution of the case, a fair sentence. At the same time, there is no one to collect expenses for conducting expert research. They are not carried out at the initiative of witnesses or the victim. Therefore, expert costs are not reimbursed. For this, special funds are provided in the budget. law enforcement and ships. From their funds, payment for the services of an expert institution is carried out.

Payment for the services of a lawyer by appointment also has its own specifics. It is necessary to understand that any accused or defendant has such a right.

But the reimbursement of the services of a defense lawyer can be made from the funds of the accused himself or from the state budget.

The decision on one or another form of compensation is made by the court based on the following circumstances:
  1. If the person is found guilty, he does not hinder the investigation of the criminal case, then the compensation comes from the budget. For example, when pleading guilty and considering a criminal case in a special order, a lawyer receives remuneration from budget money. It is assumed that the person makes a confession, agrees with the accusation. Accordingly, the state exempts him from the costs of paying a lawyer.
  2. In cases of non-recognition of the species, giving the appropriate testimony, the obligation to pay for the work of the defense attorney rests with the accused himself. This position of the courts raises many objections from the legal community. After all, the convicts simply do not have the money to transfer them to their lawyers. Moreover, they do not have property on which a claim could be levied. And the very situation in which a defender collects money from his client seems to be wrong. Therefore, the defenders in all cases insist on collecting money from the budget. This will guarantee that they will receive a reward.
  3. When an act is committed by an incapacitated person, compensation occurs only at the expense of budget funds... After all, a person does not give an account of his actions, cannot control his behavior. Therefore, his testimony is not given great importance.

Thus, the law establishes not only the types of costs, but also stipulates the cases of receiving compensation.

This is the correct position of the legislator. Specifying the norms of the law allows avoiding abuse and violations of the rights of participants in legal proceedings.

The amounts and types of costs are known by the end of the criminal proceedings. Witnesses, victims are obliged to submit travel documents, documents confirming payment for housing to the court. To reimburse the costs incurred, they are obliged to file a corresponding motion with the court. Such requests are made after the questioning of a witness or victim.

Before finishing trial the lawyer submits a petition for remuneration of his labor at the expense of the state budget.

The consideration of applications is as follows:
  • all submitted motions are evaluated by the court, and a decision is made on them when a judgment is passed on the case;
  • if for some reason the judge forgot to consider the petitions and did not reflect the decision on them in the judgment, this can be done in the order of execution of the judgment. V in this case, the judge, after sentencing, makes a separate order on claims for reimbursement of costs. Such situations are more typical for Russian law enforcement practice.

The point is that the judge is interested in the fact that his sentence is not canceled and “settled”. After all, the court of second instance can cancel or change the original decision. This affects the quality and assessment of the judge's work.

To ensure that the sentence is not overturned on issues related to costs, these issues are addressed in separate orders in the order of execution. This gives the court extra "insurance".

Investigative and judicial practice is very extensive. It must be said that cases of reimbursement of travel expenses, accommodation and daily subsistence allowance are very rare. The participants in the proceedings simply do not exercise their rights, since they are not aware of them.

At the same time, compensation for the work of a lawyer occurs in all cases.

There are often cases of seeking compensation for the services of a victim's representative.

As an example of the work of Art. 131 of the Code of Criminal Procedure of the Russian Federation, you can bring a criminal case on causing bodily harm moderate the minor K. The criminal case was initiated under Art. 112 of the Criminal Code of the Russian Federation. The victim was beaten by a classmate. His mother was recognized as the legal representative of the minor victim.

In order to achieve a complete and objective investigation of the criminal case, she applied for legal aid to a lawyer. An agreement was concluded with him to represent the interests of the victim. Within the framework of of this agreement the lawyer was paid a fee in the amount of RUB 30,000.

Based on the results of the investigation, the criminal case was sent to the court. On judicial instance the lawyer will receive a remuneration of another 30,000 rubles. The court passed a guilty verdict with the appointment of a sentence to the defendant in the form compulsory works... After the entry of this verdict into legal force, the victim presented civil action to the side of the convict.

In this claim, the victim:
  1. Referred to the provisions of Art. 131 of the Criminal Procedure Code of the Russian Federation.
  2. She demanded reimbursement of all expenses in the amount of 60,000 rubles. As proof of expenses, the victim attached contracts with a lawyer and receipts confirming the receipt of funds.

The claim was upheld in in full, and the parents of the minor convicted were forced to pay these costs.

1 question: where will the interrogation take place? What documents are required to reimburse travel?

1 answer: it all depends on the method of travel. If the witness gets to the venue investigative action on a bus or train, he must present a ticket with his surname and a payment document confirming the payment. If he drives a private car, receipts from gas stations along the way will be required.

Question 2: if the witness stayed in another city and lived in a hotel, at what stage of the process does he need to apply for reimbursement of expenses?

Answer 2: when it comes to a preliminary investigation, such a request must be made to the investigator at the end of the investigation. It is necessary, along with the application, to attach payment documents, a certificate of the established form from the hotel about accommodation.

But payment will be made only after the end of the investigation.

Question 3: a handwriting examination was carried out in the case at the request of the accused. Will the cost of carrying out this examination be recovered from him?

Answer 3: no, since all expert studies are paid for from the state budget. This is done to exclude the dependence of experts on the actions of one side or the other.

Question 4: How much is the daily allowance compensated if a person was in another city upon the call of the investigator for three days?

4 answer: compensation for daily expenses is provided as an unconditional right of the victim, witness. Refunds are made in accordance with the norms established for law enforcement officers. So, when traveling within Russia, daily expenses are compensated at the rate of 100 rubles per day. Consequently, for 3 days, the participant in the investigation will receive compensation in the amount of 300 rubles.

Litigation (criminal procedural) costs - provided by the criminal procedure legislation cash expenses investigation authorities and courts incurred in the proceedings on a specific criminal case in connection with the need to compensate for the costs of certain persons.

In accordance with Art. 105 of the CCP, legal costs include:
1) the amounts paid by the bodies carrying out the criminal procedure, witnesses, victims, experts, specialists, translators and witnesses:

  1. in reimbursement of expenses for their appearance before the investigating authorities, the prosecutor or the court.

Attendance costs include:
a) the cost of travel to the place of call and back;
b) the cost of renting a dwelling (apartment, hotel);
c) daily allowance;

  1. as a reward for distracting non-working witnesses, victims and attesting witnesses from their usual activities, and for experts, specialists and translators - for the performance of their duties, except for cases when these duties were performed in the course of their official assignment.
    Reimbursement of expenses for attendance and payment of remuneration in cases established by law are made from the funds of the bodies of inquiry, preliminary investigation. The procedure for payment and the size of the amounts to be paid are established by the government of Russia. At present, they are regulated by the Instruction on the procedure and amount of reimbursement of expenses and payment of remuneration to persons in connection with a summons to the bodies of inquiry, preliminary investigation, the prosecutor's office or to the court, approved by a resolution of the Council of Ministers of the RSFSR dated July 14, 1990, with subsequent amendments dated March 2, 1993 G.;
  2. the amounts spent by the criminal justice authorities for the storage, transfer and examination of material evidence;
  3. amounts paid for the provision of legal assistance by the defense attorney, in the case of the release of the suspect, accused or defendant from paying for it or the participation of a lawyer in the investigation, preliminary investigation or in court by appointment, without concluding an agreement with the client;
  4. other expenses incurred in the proceedings on this case.

Othersexpenses- the costs of the investigation authorities and the court incurred in the proceedings, directly related to the collection and examination of evidence of the guilt of the accused (or defendant) and not listed in cl.

1-3 st. 105 At the PC.

These may include, in particular, the reimbursement of the value of things that have been damaged or destroyed during the performance of investigative experiments or examinations, the cost of reimbursing the costs of persons presented for identification, the costs of the police for the search for an accused who is hiding from the investigation and court, etc. . NS.*

* Resolution of the Plenum of the Supreme Court of the RSFSR dated September 26, 1973 “On jurisprudence on the application of legislation on the recovery of legal costs in criminal cases "// Collection of resolutions of the Plenums of the Supreme Court of the Russian Federation (USSR, RSFSR) on criminal cases. M., 2000. P.387.

The procedural costs in the criminal case of the preliminary investigation bodies must be set out in the certificate that is attached to the indictment (Article 206 of the CCP). When accepting each criminal case for their proceedings, the courts must check that the investigating authorities have complied with the requirements for attaching a certificate of the type and amount of legal costs to the indictment.

In accordance with Art. 303 and 317 CPC question legal costs are subject to resolution in the judgment, which indicates to whom and in what amount they should be imposed. In case of conviction in the case of several persons, legal costs are subject to recovery from the convicted on a shared basis, taking into account the guilt, degree of responsibility and property status of each. If the issue of the distribution of procedural costs was not resolved during the sentencing, then this issue should be resolved by the court that passed the sentence, in accordance with Art.

As a general rule, the collection of court (procedural) costs is carried out from convicted persons in the state revenue. They can also be recovered from a defendant who has been found guilty but released from punishment. At the same time, legal costs can be taken at the expense of the state (Article 107 of the CCP).

Legal costs in case of termination of the case or acquittal of the defendant or in case of insolvency of the person from whom they are to be recovered, as well as legal costs associated with the payment of sums to the translator when the defendant is found guilty, shall be borne by the state. In addition, if the defendant is acquitted under one of the articles of the charge brought or one or more episodes are excluded, the legal costs associated with this accusation or episodes are also borne by the state.

If the defendant is acquitted in a case initiated by a victim's complaint, the court has the right to impose the costs in whole or in part on the private prosecutor.

The most common violations of the law on the recovery of criminal procedural costs in judicial practice are as follows.
Courts and judges:

Article 131. Procedural costs

(Clause 1 as amended by Federal Law dated 09.03.2010 N 20-FZ)

(see text in previous)

(clause 1.1 introduced Federal law dated 28.12.2013 N 432-FZ)

(as amended by Federal laws from 07.06.2013 N 122-FZ, from 31.12.2014 N 494-FZ)

(see text in previous)

(as amended by Federal Law of 07.06.2013 N 122-FZ)

text in previous)

(Clause 10 was introduced by the Federal Law of December 30, 2015 N 437-FZ)

(part four was introduced by the Federal Law of 03.03.2006 N 33-FZ)

Art. 131 of the Criminal Procedure Code of the Russian Federation. Procedural costs

1. Procedural costs are costs associated with the proceedings in a criminal case, which are reimbursed at the expense of the federal budget or funds of participants in criminal proceedings.

2. Procedural costs include:

1) amounts paid to a victim, a witness, their legal representatives, an expert, a specialist, an interpreter, an attesting witness, as well as a lawyer participating in a criminal case on the appointment of an inquirer, investigator or court, to cover the costs associated with the appearance at the place of procedural actions and accommodation (travel expenses, renting accommodation and additional expenses associated with living outside the place of permanent residence (daily allowance);

1.1) the amounts paid to the victim to cover the costs associated with the payment of remuneration to the victim's representative;

2) the amounts paid to the working and having a constant salary to the victim, witness, their legal representatives, understood in compensation for the wages they have not received for the time spent by them in connection with the summons to the body of inquiry, to the investigator, prosecutor or to the court;

3) the amounts paid to the victim, witness, their legal representatives, attesting witnesses who do not have a constant salary, for distracting them from their usual activities;

4) remuneration paid to an expert, translator, specialist for the performance of their duties in the course of criminal proceedings, except for cases when these duties were performed by them in the order of their official assignment;

5) the amounts paid to an attorney for providing them with legal assistance in the event that an attorney participates in criminal proceedings by appointment;

6) the amounts spent on dismantling, storage, shipping and transportation (transportation) of material evidence, as well as on the transportation (transportation) of corpses and their parts;

7) the amounts spent on the production of a forensic examination in expert institutions;

8) monthly state allowance in the amount of living wage the able-bodied population as a whole in the Russian Federation, paid to an accused temporarily dismissed from office in the manner prescribed by part one of Article 114 of this Code;

9) other expenses incurred in the course of criminal proceedings and provided for by this Code;

10) amounts related to the notification of close relatives, relatives or close persons of the suspect about his detention and location.

3. The amounts specified in part two of this article shall be paid by order of an inquiry officer, investigator, prosecutor or judge, or by a court ruling.

4. The procedure and amount of reimbursement of procedural costs, with the exception of the amount of procedural costs provided for by clauses 2 and 8 of part two of this article, shall be established by the Government of the Russian Federation.