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Case No. 686/1699/20 dated 02/12/2024

The subject of the dispute concerns the possibility of recovering procedural expenses from a person who was released from criminal liability due to the expiration of statute of limitations. The court, when rendering its decision, was guided by the fact that civil liability (including reimbursement of procedural expenses) does not violate the presumption of innocence, as it is not associated with recognizing the person as guilty of committing a crime. The court also noted that the change in the status of the accused after being released from criminal liability does not prevent the recovery of the victim’s procedural expenses. In this case, the court deviated from the previous practice regarding the possibility of recovering expenses of pre-trial investigation bodies. The Supreme Court upheld the decision of the appellate court on recovering procedural expenses in favor of the victim from the person released from criminal liability.

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