What Are the Components of Litigation Costs in Criminal Proceedings? Who Is Responsible for Payment?
What costs are included in criminal proceeding costs?
Article 135 of the Criminal Procedure Code 2015 stipulates the costs of proceedings as follows:
Proceeding Costs
Costs in criminal proceedings include court fees, fees, and other proceeding costs.
Court fees include criminal first-instance and appellate fees, first-instance and appellate civil fees in criminal cases.
Fees include fees for issuing copies of judgments, decisions, and other documents from competent authorities carrying out proceedings, and other fees as stipulated by law.
Proceeding costs include:
a) Costs for witnesses, interpreters, translators, and appointed defenders;
b) Costs of expert examination and property valuation;
c) Other costs as stipulated by law.
Currently, the costs in criminal proceedings include:
- Costs for witnesses, interpreters, translators, and appointed defenders;- Costs of expert examination and property valuation;- Other costs as stipulated by law.
What costs are included in criminal proceeding costs? Who is responsible for paying them? (Image from the Internet)
Who is responsible for paying the costs in criminal proceedings?
Article 136 of the Criminal Procedure Code 2015 stipulates the responsibility for paying costs and fees in proceedings as follows:
Responsibility for Paying Proceeding Costs and Fees
The costs specified in Clause 4, Article 135 of this Code shall be paid by the agencies or individuals who requested, required, or appointed the respective services; if the State Legal Aid Center appoints a defender, this Center shall bear the costs.
Court fees shall be borne by the convicted person or the State as stipulated by law. The convicted person must pay the court fees as per the court's judgment. The fees amount and the basis for application shall be specified in the court's judgment or decision.
In cases initiated at the request of the victim, if the court declares the accused not guilty or dismisses the case as stipulated in Clause 2, Article 155 of this Code, the victim shall bear the court fees.
For procedural activities requested by participants in the proceedings, the payment of fees and costs shall follow the legal provisions.
Thus, the responsibility for paying the costs in criminal proceedings lies with the agencies, individuals who requested, required, or appointed the respective services. If the State Legal Aid Center appoints a defender, this Center shall bear the costs.
For procedural activities requested by the participants, the payment of fees and costs shall follow the legal provisions.
Who is responsible for paying the costs of expert examination and property valuation?
Pursuant to Article 24 of Decree 30/2018/ND-CP, supplemented by Clause 8, Article 1 of Decree 97/2019/ND-CP, the costs of property valuation and revaluation are as follows:
Costs of Property Valuation and Revaluation
The costs of property valuation and revaluation are allocated in the annual budget estimates of the competent agencies conducting the proceedings. Annually, based on actual costs of valuation and revaluation, the competent agencies conducting the proceedings shall cooperate with the financial agencies of the same level to prepare budget estimates for payment. These estimates shall be compiled into the overall budget estimates for the respective administrative level, submitted to the competent state agencies for approval according to state budget laws, and allocated to the competent agencies conducting the proceedings for payment purposes.
Based on approved estimates, and on the basis of documents requesting upfront payment and payment for valuation costs from the Valuation Council, the head of the competent agency conducting the proceedings shall make upfront payments and payment of valuation costs to the Valuation Council.
The procedures for upfront payment and payment of valuation costs shall follow legal regulations on costs of expert examination and valuation in proceedings.
Thus, the costs of property valuation and revaluation are allocated in the annual budget estimates of the competent agencies conducting the proceedings.
- Annually, based on the actual costs of valuation and revaluation, the competent agencies conducting the proceedings shall cooperate with the financial agencies of the same level to prepare budget estimates for payment of these costs.- These estimates shall then be compiled into the overall budget estimates for the respective administrative level, submitted to the competent state agencies for approval according to state budget laws, and allocated to the competent agencies conducting the proceedings for payment purposes.
