Compensation after acquittal

A criminal case that ends without a conviction still leaves damage behind: days or weeks in a cell, legal fees, sometimes a lost job. The Code of Criminal Procedure provides a route to compensation, but it is neither automatic nor complete.

Legal basis

Since 2020 the rules are set out in Articles 530 to 534 of the Code of Criminal Procedure. Article 533 covers compensation for time spent in police custody and pre-trial detention where the case ended without a penalty or measure being imposed. Article 530 covers the costs of counsel and other costs reasonably incurred. In both cases the court awards compensation on grounds of equity, which means it weighs the circumstances rather than simply totting up the loss. The request must be lodged within three months of the case ending, and that deadline is strict.

How it works in practice

The request goes to the court that dealt with the case and is heard in chambers. For days in detention the courts work with standard daily amounts from the national sentencing guidelines, with a higher rate for a night in a police cell than for a day on remand. For lawyer’s fees the court usually awards the actual invoice where the rate is reasonable; where legal aid was granted, the State has already paid and no second award follows. Loss of income, damage to reputation and the collapse of a business fall outside this procedure and can only be pursued in a civil claim against the State, which is a considerably heavier route.

Where it goes wrong

Three points recur. First, the three-month deadline, which starts running from the moment the case ends and is missed more often than any other step. Second, the assumption that an acquittal produces an automatic entitlement, whereas equity leaves the court real discretion. Third, the scope: the claim covers custody and costs, not the wider consequences, and that difference is best explained before expectations are set.