Compensation for costs and legal fees after acquittal or conviction a brief overview

Transcription

1 Compensation for costs and legal fees after acquittal or conviction a brief overview THE SWEDISH CODE OF JUDICIAL PROCEDURE Litigation cost Daniel Roos Advokatfirman Acta

2 Chapter 21 Section 10 Public defence counsel shall receive reasonable compensation from public funds for work and time and for disbursements made in connection with the assignment. Compensation shall be determined on the basis of, as a starting point, the time taken that is reasonable with regard to the nature of and extent of the assignment and applying the hourly costs norms determined by the government. The hourly compensation may deviate from the hourly costs norm if it is warranted by reason of the skill and care exhibited by counsel or other significant circumstances. The government or the authority designated by the government shall prescribe the fee schedule to be followed in certain cases and issue rules on the computation of compensation for time lost. Public defence counsel shall not demand or receive further remuneration from the suspect. If this has nevertheless occurred any such arrangement is void and the public defence counsel must repay to the suspect what he or she has received. (SFS 1996:1624)

3 Chapter 31 Section 1 If the defendant is convicted in a case instituted by the prosecutor, the defendant shall reimburse the state for public funds spent pursuant to the court decision on remuneration for his defence counsel. He shall also pay to the state the expenses of bringing him to court and for such expenses for taking blood samples and blood investigations relating to the defendant and which have been taken to investigate the offence. However, the defendant shall not be liable for costs not reasonably necessary to the inquiry or for costs occasioned by the carelessness or oversight of a person other than the defendant, his attorney, or a defence counsel chosen by him. The sum that the defendant must pay may be adjusted or waived, if appropriate in light of the defendant's criminality or his personal and financial circumstances.

4 Chapter 31 Section 2 If the defendant is acquitted in a case instituted by the prosecutor or if a prosecution instituted by the prosecutor is dismissed, the court may award the defendant compensation out of public funds for his costs for defence counsel, including consultation fees pursuant to the Legal Aid Act 1996:1619), for obtaining evidence during the preliminary investigation or the proceedings provided that the costs were reasonably necessary to protect his rights. The defendant may also receive compensation for the costs he incurred by attending court. Such compensation shall be paid in accordance with rules issued by the Government. If the defendant is found guilty, he may receive compensation for any costs referred to in the first or second paragraph of this section which are attributable to the carelessness or oversight of the prosecutor. (SFS 1996:1624)

5 Chapter 21 - Section 7 Defence counsel shall protect the rights of the suspect with zeal and care with this aim strive and to this end work to ensure that the matter at issue is properly elucidated.

6 Conflict of interests Compensation is as a starting point based the time consumed - Councel have to present a specified report of his/her work. - The accused have an interest for this report to be vague.

7 Committe directive (2013:12) A review of public costs for legal councils Investigate to what extent: legal aid in criminal cases can be restricted. reimbursment to the state can be increased. the right to change public defender can be restricted. a lower incomelimit for reimbursment can be justified differentiate (decrease) compensations for counsel for the aggrieved person. The report, including legislative suggestions, shall be presented 31 Oct 2014