At the request of the person concerned, any court that dismisses a case, discharges the accused, acquits the accused or makes any decision other than a conviction or a declaration that the accused is not criminally responsible may award the person prosecuted for a criminal or civil offence compensation that it determines in respect of costs not paid by the State and incurred by that person. The same applies to a person held civilly liable in the event of a decision exonerating him or her from liability.
At the request of the person concerned, any court declaring a case inadmissible, acquitting or acquitting or any decision other than a conviction or a declaration of lack of criminal responsibility may award the person prosecuted or civilly liable compensation that it determines in respect of costs not paid by the State and incurred by him or her.
This compensation is payable by the State. The court may, however, order that it be paid by the civil party where the public prosecution has been initiated by the latter.
The second and third paragraphs are applicable before the Cour de cassation in the event of the dismissal of an appeal relating to a decision mentioned in the second paragraph.
A decree in the Conseil d’Etat shall determine the conditions for the application of this article.