Cost of Trial
Article 301 – The complainant is responsible to pay the cost of the criminal complaint according to the regulations and upon making the complaint. A private plaintiff, who is requesting a loss due to a criminal act, shall also pay the trial cost according to civil regulations. If the plaintiff cannot afford to pay the cost of trial, and s/he requests the court to waive the charge, the court can waive the cost of the trial on the specific subject temporarily upon receiving approval from the director of the District Court or his Assistant. The trial process should not be delayed because the private plaintiff has not paid the charge for trial; the court is responsible to determine the potential for financial ability.
Note – Once the sentence is issued and is being implemented, the body responsible for implementing the sentence is required to secure the [monetary] cost of the trial from the convicted person.
Article 302 – The accused and the private plaintiff shall not pay the transportation cost of the witnesses, experts, translators, physicians and others called by the judicial authorities; however if the accused or the private plaintiff requests their presence or comments, the one who makes the request shall pay for the respective expenses.
Note – The tariff of the respective expenses are defined by the Minister of Justice and approved by the director of Judiciary. Each court shall determine the involved costs based on the tariffs and state them in the sentence.
Article 303 – The cost of preparing and conforming the copies to original documents will be determined according to the regulations.
Article 304 – The trial cost will be divided among all the convicted persons in a case. The court shall consider the share of each person in the crime and divide the costs proportionately.
Article 305 – The complainant or private plaintiff can claim whatever expenses are paid by him from the convicted person at any stage of the trial. Once the court finds for the plaintiff, the court is bound to issue the order of payment along with the sentence.
Article 306 – The body responsible for paying the trial cost shall be stated in the verdict; there should also be a detailed expenses list attached to the verdict.
Article 307 – If the convicted person dies during the implementation of the sentence, the trial cost should be obtained from his or her remaining family members.
Article 308 – Upon the effective date of this law, all Public and Revolutionary Courts are bound to perform according to this procedure and the Criminal Code of Procedure approved in year 1290 (1911) and its subsequent amendments, and any other contradictory rule and regulation with regard to Public and Revolutionary Courts are voided.
Source:
