In the Sabah case, supra [15], at pp. 659-660, Justice Bach adopted one of the aforementioned guidelines from 1973, leaving it necessary to examine the absorption of all of the guidelines. Grow moths.Justice A. Goldberg, in the Reich case [8] (at pp. 490-491), sought to teach us this way of interpretation:
The proper starting point is that the public interest of law enforcement and enforcement requires the prosecution of someone against whom there is sufficient evidence that he has violated the criminal norm. In the realization of this interest, the individual is exposed, as an indispensable necessity, to the violation of his rights. The risk that a defendant will be exposed to the harms involved in conducting the criminal proceedings against him, and will eventually be acquitted, has been taken into account in advance, and is a calculated risk. Such a risk is necessitated by the nature of the criminal mechanism, in which only at the end does the court decide the guilt or innocence of the accused. The company's acceptance of such a risk is the result of a growing public interest, namely the need for law enforcement, in order to maintain a proper society. However, the fact that there is a public need for law enforcement does not necessitate that the costs associated with operating this system should be passed on to the defendant who is acquitted, and not to the public.
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From the perspective of the desired law, it would have been appropriate to extend the right to expenses and compensation to any defendant who was acquitted, whatever the reason for the acquittal. Since the defendant's criminal guilt has not been proven to the required extent, and he is acquitted, the presumption of innocence, which existed before the trial, was not concealed. If the state prosecutes him and fails to prove his guilt, it must compensate him for the expenses he incurred and the suffering he suffered in detention or imprisonment. Therefore, what do I have if I am acquitted because of doubt, and what do I have if I am acquitted of a clear and absolute acquittal? In each case, after acquittal, the defendant returns to the "status" of an innocent person who has been prosecuted.