On the other hand, where the court was of the opinion that the prosecution's conduct was proper and desirable, this factor was given weight to deny the state's obligation to compensate and indemnify the defendant. Thus, for example, where the prosecution reconsidered its position and decided to withdraw the charge, it was ruled that it should not be charged with expenses even though there has been no change in circumstances; The reason for this: the prosecution should be encouraged, and not discouraged, to reconsider the continuation of the criminal proceeding, and in this way reduce the damage and trouble that may befall the defendant: The Gabbay case [17], at p. 43 Compare: Criminal Case (Tel Aviv) 290/89 State of Israel v. Shiprut [32], at p. 97. But see the Macmillan case [18], at pp. 306-307 (by Justice Englard).
In conclusion
- As an instruction Article 80 According to the Penal Law, the acquittal of a defendant in a trial, an acquittal of any kind, does not provide a cause that obligates the state to pay the defendant compensation for his imprisonment or detention, or a cause that obligates it to bear the expenses of his defense. A defendant who wins must continue to show that there was no basis for prosecuting him or that there were other circumstances that justify the state's obligation as aforesaid.
So far – the law of liberty that we owe to respect. The question now is whether it is possible to set criteria beyond those that have been established so far for the state's obligation to pay compensation and indemnity. We will now address this issue.
Let's look around
- In our assessment, legal systems have a significant trend to expand the right of defendants who have been found eligible to receive expenses from the state for their defense. So, for example, In English Law. The Right of a Defendant-Entitled to reimbursement of expenses recognized in English law
Already at the beginning of the twentieth century, in the Costs in Criminal Cases Act, 1908. This law did not set criteria for discretion as to when expenses would be awarded, and the decision was given to the courts, apparently from time to time. The Costs in Criminal Cases Act, 1973 followed the same path, but in the case of certain courts (the Magistrates' Courts), the legislature stipulated that the award of expenses was apparently just and reasonable. The latest law on this subject is the law called the Prosecution of Offences Act, 1985.