Penal Law Bill (Amendment - Obligating the State Treasury to Pay Defense Expenses and Compensation for Imprisonment or Detention Due to Acquittal or Dismissed Charges), 5783-2023

This bill seeks to amend the Penal Law so that if a person is acquitted in a criminal trial, or if the prosecution withdraws the indictment, the state shall be obligated to pay that person their defense expenses, as well as compensate them for the period of detention or imprisonment they served. Currently, the court is permitted to obligate the state to pay defense expenses and compensation in these cases, but it is not automatic and depends on circumstances and criteria established in case law. The bill seeks to make this obligation automatic, without the need to prove compliance with specific criteria, with the goal of protecting people from the severe harm caused to them as a result of the filing of an indictment, even if they are ultimately acquitted. The proposed change is intended to create checks and balances before an indictment is filed, and to cause the prosecution to carefully consider its actions, knowing that it will bear the costs and expenses if it turns out that it acted hastily.

Source: הצעת חוק לדיון מוקדם