This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...the case is terminated. If this has not occurred or if the prosecution is abandoned without judgment or decree, the accused may, ...Read MoreThis historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...the case is terminated. If this has not occurred or if the prosecution is abandoned without judgment or decree, the accused may, within a month after the receipt of the notice, bring his demand before the court which had jurisdiction of the criminal prosecution, or it this can not be done, before a court which might have had original jurisdiction over the case. The decision takes place by decree after the prosecuting attorney shall have been given an opportunity to defend the interests of the Treasury. If the Treasury is charged with a liability such as here in question, it can make the claim which the accused would have had by virtue of section 466. "sec. 466. For negligent or otherwise improper conduct, so long as they are engaged on a case, public officers as well as private attorneys may be punished with fines, in so far as no greater penalty is by law applicable in the case, and damages are charged to them for the benefit of the person injured by their action. For the damages charged to a public officer, the State is equally responsible. "The State is not, however, responsible to a defendant for duties which an attorney according to section 107 should fulfill." _ Sec. 472. If appeal is raised against a judgment on which this chapter provides legal liability, the highest court, ex officio, examines the question of liability in so far as the decision of this question depends on the ground of appeal; but further examination takes place only in so far as the appeal on this matter has been demanded by one of the parties. DENMARK. Law of April 5, 1888, on indemnity for unjust detention and conviction and on the payment in certain cases of the expenses of appeals instituted officially. (Lov om Erstatning for uforskyldt...Read Less
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