Acquittal and the Right to Compensation for Legal Fees

In my practice as an advocate, I have repeatedly gone to court on behalf of clients to claim compensation for the legal costs they incurred while being criminally prosecuted.

Criminal proceedings are not only psychological pressure, reputational risk and years of fighting for justice. They also mean considerable defence costs.

Ukrainian law provides for compensation for damage caused by unlawful actions of pre-trial investigation bodies, the prosecutor’s office and the court, including the costs of legal assistance. This is an important mechanism for protecting human rights, yet, unfortunately, far from everyone knows about it.

What the law provides

The compensation procedure is set by the Law of Ukraine “On the Procedure for Compensation for Damage Caused to a Citizen by Unlawful Actions of Bodies Carrying Out Operational and Investigative Activities, Pre-trial Investigation Bodies, the Prosecutor’s Office and the Court” of 1 December 1994 No. 266/94-VR.

• When the right arises. In particular, after an acquittal by a court, and also after criminal proceedings are closed because no criminal offence took place, because the act does not constitute a criminal offence, or because sufficient evidence to prove the person’s guilt in court has not been established and the possibilities of obtaining it have been exhausted (items 1 and 2 of part 1 of Article 2).
• What is compensated. Among other things – lost earnings, seized or arrested property, court and other costs, “sums paid by the citizen in connection with legal assistance provided to them” (item 4 of Article 3), and also non-pecuniary (moral) damage, the amount of which is determined by the court on the citizen’s application (Article 13). Damage is compensated in full, regardless of the fault of the officials concerned (part 2 of Article 1).
• Who sets the amount. The amount of lost earnings, costs and sums paid for legal assistance is determined within a month of the application by the pre-trial investigation body, prosecutor’s office or court that carried out the investigative (search) actions or heard the case; it issues a resolution (ruling) on this. If the proceedings were closed by a court of appeal or cassation, the court of first instance does this (part 1 of Article 12).
• At whose expense. These sums and non-pecuniary damage are paid from the State Budget (part 1 of Article 4).
• If you disagree with the amount. The resolution can be challenged in court, and a court ruling can be appealed (part 2 of Article 12).

Compensation is not automatic

An acquittal can be grounds not only for restoring your good name but also for claiming back the money spent on a lawyer. However, compensation does not happen automatically: the costs incurred must be properly proven, their amount justified and the procedure established by law followed.

That is why I always stress to clients how important it is to keep legal assistance agreements, payment documents and other evidence of the costs incurred.

My position remains unchanged: if a person was unlawfully prosecuted, they should not have to bear the financial burden of defending themselves against that prosecution on their own.

This material is general in nature and is not a substitute for advice on your specific situation.

Have you been acquitted, or have the proceedings been closed? An advocate will help gather evidence of your costs and prepare an application for compensation → Criminal defence · Closing criminal proceedings · Appealing a verdict