of November 24, 2009 No. 13
About practice of collection of procedural costs for criminal cases
Having considered results of generalization of court practice on collection of procedural costs for criminal cases the Plenum of the Supreme court notes that in activity of the courts essential shortcomings on this matter take place.
Courts quite often in violation of the law do not take necessary measures to collection from the convicts suffered in the matter of procedural costs; do not demand from bodies of pretrial investigation application to the indictment of certificates of type and the size of the procedural costs suffered by them; in the absence of good causes accept the procedural costs which are subject to collection from convicts into the account of the state; in case of justification of person on one of Articles of the brought charge or exception of one or several episodes of accusation unreasonably assign on condemned the procedural costs which are directly connected with collecting and research of proofs on this accusation or episode.
In defiance of Item 3 of Article 471 and Article 320 of the Code of penal procedure courts in some cases do not permit and do not specify in sentence to whom and in what size procedural costs shall be assigned; sometimes at the same time are guided not Criminal procedure, but the Code of civil procedure; in some cases collect procedural costs for benefit of particular persons or the organizations, but not in the income of the state; in case of condemnation in the matter of several persons collect procedural costs in solidary, but not in equity procedure.
By hearing of cases in appeal, cassation procedure courts do not pay due attention to check of correctness of permission in sentence of question of procedural costs; in cases when this issue was not resolved in sentence, do not demand from courts of correction of the made mistakes according to the procedure, the stipulated in Article 541 Code of Criminal Procedure.
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