Summary: 1. Economic Analysis of Law in Criminal Cases – General Remarks. – 2. Costs vs the Principle of Truth. – 3. Costs vs the Principle of Legalismus. – 4. Costs vs the Principle of Directness. – 5. Costs vs the Principle of the Right to a Defence. – 6. Costs of Criminal Proceedings – Results of Selected Empirical Data. – 7. Conclusions.
Background and Methods: This article was written as part of the Costs of a Criminal Trial in View of an Economic Analysis of Law research project.
Part one contains deliberations on the impact of economic factors on the regulations concerning the criminal procedure. One needs to answer the question of whether such factors should be considered as affecting the principles on the basis of which the model of the criminal trial is being developed and whether there are any solutions that have been introduced specifically because of the profit and loss account related to the prosecution of a perpetrator.
Part two focuses on the fundamental results and the conclusions of empirical studies carried out with respect to the expenses incurred by the State Treasury in criminal proceedings, considering the expenses incurred in serious cases, i.e., those examined in the first instance by regional courts, and in minor cases, which in the first instance are handled by district courts.
Results and Conclusions: The article points out three fundamental factors determining the amount of the expenses, i.e., the fact of the accused being imprisoned during the proceedings, the use of scientific evidence (opinions produced by expert witnesses), and the participation of a public defender remunerated by the State Treasury.