The judge shall order the party required to pay the costs or who loses his case to pay:
1° To the other party the sum that he determines, in respect of the costs incurred and not included in the costs;
2° And, where applicable, to the lawyer of the beneficiary of partial or total legal aid a sum in respect of the fees and costs, not included in the costs, that the beneficiary of the aid would have incurred if he had not had this aid. In this case, the procedure is as set out in paragraphs 3 and 4 of article 37 of law no. 91-647 of 10 July 1991.
In all cases, the judge takes into account the fairness or the economic situation of the convicted party. He may, even of his own motion, for reasons based on the same considerations, declare that there are no grounds for such awards.
The parties may produce evidence of the sums they claim.
The sum awarded under 2° may not be less than the State’s contributory share plus 50%.