[Claim for Criminal Compensation] What Is a Claim for Criminal Compensation? Acquittal and How Compensation May Be Obtained

Because the Constitution refers to ‘a person who has been detained,’ one might think that the criminal compensation system can be claimed only by a detained defendant.

However, a defendant whose acquittal has become final in a criminal trial may claim from the State, regardless of whether detention occurred, the attorney's fees, transportation costs, daily allowances, and other expenses paid during the criminal trial process.

The situation of the client who came to Daeryun Law Firm for a claim for criminal compensation was as follows.

Because the client was tried without detention, the client was able to claim criminal compensation from the State for the defense attorney's fees and other expenses.

A claim for criminal compensation may also be made through a representative.

Proceeding with the procedure under the advice of a legal expert can therefore be a reliable way to obtain a decision granting a claim for criminal compensation.

Because the client had handled both the first-instance and appellate proceedings at Daeryun Law Firm, the client agreed to have the criminal compensation claim procedure handled by Daeryun Law Firm.

The procedure for a claim for criminal compensation proceeds as follows.

⇨ A claim for compensation is submitted to the court that rendered the acquittal.

_{(Within 3 years from the date the claimant became aware that the acquittal had become final, and within 5 years from the time the acquittal became final)}

⇨ The court that receives the claim for criminal compensation tries it through a panel of judges and must render a decision on the claim after hearing the opinions of the prosecutor and the claimant.

⇨ The court may render a decision rejecting the claim for criminal compensation, a decision dismissing the claim, or a decision granting compensation.

_{(An immediate appeal against a decision dismissing the claim or a decision granting compensation may be filed within 7 days.)}

Through the claim for criminal compensation, the client, who had been tried without detention,

with the assistance of Daeryun Law Firm

was recognized for criminal compensation based on the court-appointed defense attorney's fee and was able to be compensated for the defense attorney's fees.

The full amount of the defense attorney's fees cannot be received as compensation, but even on the basis of the court-appointed defense attorney's fee, a considerable amount may be compensated through a claim for criminal compensation.

If you are looking into a claim for criminal compensation, you may pursue it together with Daeryun Law Firm.

Even if the prior main trial was not handled by Daeryun Law Firm, as long as you have the relevant judgment documents,

Daeryun Law Firm can review them and, with a criminal law attorney personally preparing the claim, proceed with a claim for criminal compensation on your behalf.

For a claim for criminal compensation, careful preparation of the claim can allow a prompt decision granting compensation,

so you may seek to obtain reliable compensation from the State for the mental and financial harm suffered during that period.

Daeryun Law Firm

maintains offices in each region, which makes in-person consultation convenient, so if you are in a situation similar to the client's, you may seek a consultation.