Abstract
This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project. Part one contains deliberations on the impact of economic factors on the regulations concerning the criminal procedure. One needs to answer the question of whether such factors should be considered as affecting the principles on the basis of which the model of the criminal trial is being developed and whether there are any solutions that have been introduced specifically because of the profit and loss account related to the prosecution of a perpetrator. Part two focuses on the fundamental results and the conclusions of empirical studies carried out with respect to the expenses incurred by the State Treasury in criminal proceedings, considering the expenses incurred in serious cases, i.e., those examined in the first instance by regional courts, and in minor cases, which in the first instance are handled by district courts. Results and Conclusions: The article points out three fundamental factors determining the amount of the expenses, i.e., the fact of the accused being imprisoned during the proceedings, the use of scientific evidence (opinions produced by expert witnesses), and the participation of a public defender remunerated by the State Treasury.
Highlights
This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project
This article is intended to present the ‘economic perspective’ in the evaluation of certain criminal law concepts and to point out that this context, even though usually omitted in academic discourse, is noticeable in the recent development trends related to criminal proceedings and undoubtedly has to be taken into account when planning reforms
In order to determine the costs of proceedings, the following were taken into account at the stage of preparatory proceedings: remuneration of an expert witness for producing an expert opinion and reimbursement of their expenses, reimbursement of expenses incurred by witnesses on account of their participation in the case, costs incurred on account of temporary confiscation and securing of items, remuneration of translators and interpreters, costs of mediation, costs of convoys, costs of psychiatric observation, costs of detention or temporary arrest, fees for retrieval of information from the National Criminal Register, remuneration of a probation officer for carrying out community interviews, remuneration of public defenders or representatives appointed ex officio, and other costs disclosed in case files
Summary
The article points out three fundamental factors determining the amount of the expenses, i.e., the fact of the accused being imprisoned during the proceedings, the use of scientific evidence (opinions produced by expert witnesses), and the participation of a public defender remunerated by the State Treasury
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
