Art. 436 CrimPC from 2023
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Art. 436 Damages and satisfaction in appellate proceedings
1 Claims for damages and satisfaction in appellate proceedings are governed by Articles 429–434.
2 Where the accused is neither fully nor partly acquitted and the proceedings are not abandoned but the accused is successful on other points, he or she is entitled to appropriate damages for his or her expenditure.
3 If the appellate authority quashes a decision in accordance with Article 409, the parties are entitled to appropriate damages for their expenditure in the appellate proceedings and that part of the proceedings before the court of first instance that related to the quashed decision.
4 An accused who is acquitted or receives a reduced sentence following a review of the case is entitled to appropriate damages for his or her expenditure in the review proceedings. He or she is also entitled to satisfaction and damages for time spent in custody, provided this deprivation of liberty cannot be not accounted for in sanctions imposed in respect of other offences.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.