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Reimbursement of costs for acquitted persons

Reimbursement of costs for acquitted persons

If someone is charged by the state in Germany and has to face criminal proceedings, there is not even the slightest doubt that they will be reimbursed for the costs of their defense if they are acquitted. The decision is made ex officio in acquittal and, according to many jurists, is part of the DNA of a constitutional state.

Strano, ma vero (strange - but true), this did not apply to Italy until now. The demonstrably innocent were left to pay considerable legal fees. Only now has a remedy been found, with Art. 5 Par. 2 of the "decreto interministeriale" of 20.12.2021 imposing the costs of "first-class" acquittals on the state treasury, i.e. if the judge determines that the reported crime was not a crime or that the defendant did not commit it. However, the acquitted person must apply for this by March 31 of the following year.