Code of Criminal Procedure

When an acquittal becomes final and binding, the State compensates the person who was the defendant in the case for the expenses which were needed for the trial; provided however, that the State may not be required to compensate expenses which arose from a cause imputable to the person who was the defendant.

In addition to what is prescribed in the preceding paragraph, when an acquittal becomes final and binding in a case in which a ruling to commence a retrial has become final and binding, the State compensates the person who made the request for a retrial pertaining to that ruling to commence a retrial (excluding a public prosecutor; hereinafter referred to as the "requester of a commenced retrial" in this Chapter) for the expenses which were needed for the procedures for the request for a retrial; provided however, that the State may not be required to compensate expenses which arose from a cause imputable to the requester of a commenced retrial.

When it is deemed that the person who was the defendant or the requester of a commenced retrial made a false confession or statement, or fabricated other evidence of guilt, for the purpose of misleading the investigation or the trial, which subsequently led to prosecution being instituted against the person who was the defendant, the State may not be required to compensate all or part of the expenses prescribed in the preceding two paragraphs.

When compensation in accordance with the provisions of Article 188-5, paragraph (1) is requested, the State does not compensate the expenses that will be compensated by the provisions of Article 188-4 as prescribed in paragraph (1) of this Article.

The compensation set forth in each of the following items is made by a ruling of the court which rendered the acquittal, upon the request of the person prescribed in that item.

the compensation prescribed in paragraph (1) of the preceding Article: the person who was the defendant;

the compensation prescribed in paragraph (2) of the preceding Article: the requester of a commenced retrial.

The request prescribed in the preceding paragraph must be made within six months after the acquittal becomes final and binding.

An immediate appeal against a ruling on compensation may be filed.

When only a public prosecutor has filed an appeal and the appeal has been dismissed or withdrawn and the original judgment becomes final and binding, except when an acquittal becomes final and binding by a dismissal or withdrawal, the State compensates the defendant or the person who was the defendant in the case for the expenses caused by the appeal in the court of instance; provided however, that the State may not be required to compensate the defendant or the person who was the defendant for expenses which have arisen from a cause imputable to said person.

The compensation prescribed in the preceding Article is made by a ruling of the Supreme Court or of the high court as the appellate court of that case, upon the request of the defendant or the person who was the defendant.

The request prescribed in the preceding paragraph must be made within two months after the original judgment becomes final and binding.

The objection prescribed in Article 428, paragraph (2) may be filed against the ruling of compensation made by the high court. The provisions pertaining to an immediate appeal against rulings also apply mutatis mutandis to this case.

The scope of the expenses set forth in each of the following items is limited to what is prescribed in that item, and with regard to the amounts thereof, the provisions of the Act on the Costs Involved in Criminal Proceedings (Act No. 41 of 1971) which pertain to a witness apply mutatis mutandis to a defendant, a person who was the defendant, or a requester of a commenced retrial, and the provisions which pertain to defense counsel apply mutatis mutandis to a person who was defense counsel.

the expenses to be compensated as prescribed in Article 188-2, paragraph (1) or Article 188-4: the travel expenses, daily allowances and accommodation fees which were necessary for the defendant, the person who was the defendant, or the person who was their defense counsel to appear for trial preparation and the trial date, and remuneration for the person who was defense counsel;

the expenses to be compensated as prescribed in Article 188-2, paragraph (2): the travel expenses, daily allowances and accommodation fees which were necessary for the requester of a commenced retrial or the person who was their defense counsel to appear in the trial procedures pertaining to the request for a retrial under that paragraph, and remuneration for the person who was defense counsel.

When two or more defense counsel have appeared for the trial preparation, the trial date or the trial procedures under item (ii) of the preceding paragraph, the court may, taking into account the nature of the case, the proceedings of the trial and other circumstances, limit the travel expenses, daily allowances and accommodation fees of the persons who were defense counsel as set forth in the items of that paragraph, to those paid to the chief defense counsel and some of the other defense counsel.

Requests and other procedures concerning compensation, the correlation between compensation and compensation for damages provided for by other acts, the assignment or the seizure of the right to receive compensation, and compensation towards the heirs of the defendant, the person who was the defendant, or the requester of a commenced retrial follow the example of the compensation prescribed in Article 1 of the Criminal Compensation Act (Act No. 1 of 1950), except as otherwise specially provided in this Code.