Costs in Criminal Cases

Costs in Criminal Cases
Art.220. – Costs of public prosecution.

(1) All the costs of public prosecutions, including appeals, shall be borne by the government.
(2) Where exceptional costs have been incurred by the prosecution for a reason attributable to the convicted person and he is a person of property, the court may, in addition to any other lawful punishment, order him to pay the whole or any of the costs incurred by the prosecution as taxed by the registrar of the court.

(3) Where a public prosecution has been instituted in respect of an offence. punishable on complaint and the injured party withdraws his complaint (Art. 221 Penal Code), he shall be liable for all the costs of the prosecution.

Art.221. – Costs of private prosecution.

(1) The costs of private prosecution shall be borne by the private prosecutor in accordance with Art. 46.

(2) Where in a private prosecution the accused is acquitted and the court is on opinion that the charge was not made in good faith, it may order the private prosecutor to pay the whole or any part of the costs incurred by the accused.

(3) Where a private prosecution is stayed as provided in Art. 48, all the costs of the private prosecution shall be borne by the government.

Art.222. – Injured party.

(1) Where the injured party claims compensation in a criminal case, he shall pay:

(a) the court fees on the sum claimed as though it were a civil case; and

(b) the costs of summoning witnesses and calling experts.

(2) Where the injured party succeeds in his claim, the court shall order the accused to pay the court fees and costs mentioned in sub-art. (1).

ሕገ-መንግስት በስም ሳይሆን በገሃድ ያለ ነው፡፡ ህላዌነቱ ሃሳባዊ ሳይሆን ተጨባጭነት አለው፡፡ ሊታይ፣ ሊዳሰስ፣ ሊጨበጥ ካልቻለ የለም ማለት ነው፡፡ ሕገ መንግስት የመንግስት ውጤት አይደለም፡፡ ይልቅስ ከመንግስት ቀድሞ ያለ የመንግስት መሠረቱ ሕገ መንግስት ነው፡፡ የአንድ አገር ሕገ መንግስት መንግስቱን የሚያቋቁሙት ህዝቦች ነፃ ፈቃድ ውጤት ነው፡፡