The acquittal is the conclusion of a criminal proceeding if the defendant the alleged offense can not be detected or if the alleged offense is not punishable.
The acquittal was given a judgment. If the defendant is completely exonerated of the charges against him guilt allegations, the state treasury to pay the costs, including the necessary expenses of the defendant. In some of acquittal the costs and the necessary expenses of the Treasury be imposed so far as the defendant was acquitted. The acquittal always refers to an act within the meaning of § 264 Code of Criminal Procedure (ie to a particular factual situation described in the indictment ), not to individual offenses. Example: If the defendant placed fraud in coincidence with forgery to load, but it is only the forgery detected, the defendant is convicted of forgery, without one part acquittal was given for fraud.
The acquittal of the charge of an offense merely means that no culpable offense was committed was found. The perpetrator can be weighted with measures of correction and prevention, therefore, still, if it is determined that the accused has committed the offense, but was unable to blame.
The judgment formula is: The accused is acquitted. For partial acquittal on guilt and punishment saying follows the twist: In addition, the accused is acquitted. Phrases such as " lack of evidence " do not belong in the formula. In the grounds of the judgment must be informed whether the acquittal for factual or legal reasons, was carried out ( § 267, paragraph 5, sentence 1, sentence 2, CCP ).
If law enforcement measures such as detention or temporary disqualification from driving have been enforced against the defendant as part of the investigations or criminal proceedings, the court must also decide whether the defendant is entitled to compensation for sending in the acquittal verdict. The criminal case only decides on the compensation obligation as such. The amount of compensation shall fix the country's administration of justice. Due to the possibility of criminal proceedings early by setting ( eg, § 153, § 153a Code of Criminal Procedure ) to terminate, the actual number of acquittals is located in a small area.
A suspicion or reasonable suspicion has not hardened against an accused already in the investigation, an adjustment is made in accordance with § 170 paragraph 2 Code of Criminal Procedure.
- Criminal law