Regulatory part - Council of State decrees

The compensation provided for by article 800-2 includes compensation for legal fees incurred by the person being prosecuted, the amount of which may not exceed the State’s contribution to the remuneration of the lawyer who would have assisted the person concerned under the legal aid scheme for the whole of the proceedings leading to the decision to dismiss, acquit or acquit. This compensation also includes, unless the person being prosecuted…

Compensation must be requested from the investigating or trial court before it rules on the public prosecution. The application shall be the subject of a request dated and signed by the applicant or his lawyer, addressed to the court either by registered letter with acknowledgement of receipt, or by delivery to the clerk’s office against receipt: 1° At the latest before the expiry of the twenty-day period provided for by…

The decision ruling on the claim for compensation is given by the court at the same time as the decision ruling on the public action, unless the state of the case does not allow the amount of the compensation to be determined. In criminal cases, this decision is given by the court ruling without the assistance of jurors.

Where the public prosecution has been initiated by the civil party, the investigating or trial court may only award compensation against the latter on the application of the public prosecutor and by a reasoned decision, if it considers that the civil party’s claim has been abusive or dilatory. The provisions of the second paragraph of Article 177-2 or the second paragraph of Article 392-1.

The claimant or the public prosecutor may appeal, within ten days of notification, against the decision on the claim for compensation when it emanates from a criminal court ruling at first instance. The same right is available to the civil party when the compensation is payable by it. This appeal is brought: a) Before the investigating chamber when the decision was made by the investigating judge; b) Before the criminal…

Payment of compensation is made on the basis of the decision of the court that awarded it. When the decision makes the compensation payable by the civil party, the compensation is ordered as an advance. Recovery of the amount of the compensation from the civil party is pursued at the behest of the accountants of the Directorate General of Public Finances by all legal means.

After the compensation has been authorised, an appeal against the decision may be lodged with the court mentioned in a or b of article R. 249-6 by the public prosecutor at the request of the assigning accountant, within one month of receipt of the request for payment. A reasoned refusal by the Public Prosecutor to exercise the appeal shall be brought to the attention of the assigning accounting officer. In…