Deals & Cases

Criminal compensation
Criminal compensationDecision granting compensation

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

The client was acquitted of the crime of fraud in both the first-instance and second-instance judgments.

Did you know that a person who is acquitted may apply to the State for criminal compensation? Many people are not well aware of the criminal compensation system and therefore are unable to make use of it.

1. A Claim for Criminal Compensation: A Right Guaranteed by the Constitution

A claim for criminal compensation is a right guaranteed by the Constitution.

Constitution Article 28

When a person who has been detained as a criminal suspect or a criminal defendant receives a disposition of non-prosecution as prescribed by Act or is acquitted, that person may claim just compensation from the State as prescribed by Act.

√ Is a Claim for Criminal Compensation Available Only to a Detained Defendant?

Criminal compensation, criminal compensation system, criminal compensation acquittal, criminal compensation without detention

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.

√ Claim for Criminal Compensation: The Client's Situation

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

1) The client was indicted

for fraud.

2) The client was acquitted

at the first instance.

3) The prosecutor appealed.4) The appellate court acquitted the client.
5) The prosecutor and the client waived the final appeal.6) The second-instance acquittal became final.7) The client sought to receive criminal compensation.

8) For an acquittal, the State has a duty to compensate

the defense attorney's fees.

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.

2. A Claim for Criminal Compensation, Explained by Daeryun Law Firm

In a claim for criminal compensation, ‘criminal compensation’ means

the monetary compensation that a person who has been acquitted, or whose acquittal has become final through retrial or similar proceedings, may claim from the State to be compensated for the mental and material loss suffered during that period.

Claim for Criminal Compensation: Representing the Client

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.

Proceeding with the Claim for Criminal Compensation

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.)

The Scope of Compensation in a Claim for Criminal Compensation

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.

3. A Claim for Criminal Compensation Should Definitely Be Used

Criminal compensation, criminal compensation system, criminal compensation acquittal, criminal compensation without detention

A defendant who was tried without detention may also apply to the court with jurisdiction after an acquittal becomes final, so a claim for criminal compensation is a system that should definitely be kept in mind.

The procedure may also be carried out by appointing a legal representative, so with the help of an experienced attorney, a reliable decision granting compensation may be obtained.

Pursue a Claim for Criminal Compensation with Daeryun Law Firm

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.

[형사보상금청구] 형사보상금청구란? 무죄선고, 보상 받을 수 있는 방법

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

Criminal compensation: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Previous

[Seongnam Attorney Claim for Damages Against the Adulterous Partner] Successful Claim for Consolation Money Against the Adulterous Partner with the Assistance of a Seongnam Attorney

Next

[Fair Trade Commission Corporate Advisory] Daeryun Raised an Objection to the Fair Trade Commission Based on Corporate Advisory and Established Fair Trade

View list
Quick Menu

Chat