Otherwise anyone had complied with their obligation
Collaborate with the judges or courts would be caused “serious damage consisting of non-payment or an indeterminate delay in the payment of costs that they have no legal obligation to bear, all the more since it is the obligation of the competent Administration to use all the means at its disposal to guarantee the proper functioning of the Administration of Justice,” the court emphasizes. And if that is so, indicates the Chamber, "there is no reason why when said collaboration necessarily entails a cost , it should be deferred to a moment after the provision of said collaboration or, even, that it be exposed to the eventuality of that in the end there is no conviction, that no order for costs is agreed or that the convicted person is insolvent.
” The Chamber explains that the TSJ of Madrid is right since any other interpretation, such as that proposed by the Community of Madrid, “leads to undesirable consequences and contrary to the constitutional Phone Number Data mandate of obligatory collaboration with judges and courts in the course of the process expressly contained. in article 118 of the Constitution , a mandate also included in article 17 of the Organic Law of the Judiciary .” He adds that there is no doubt that the obligation of said collaboration of public powers and citizens with judges and prosecutors is “immediate , in the course of the process says the constitutional precept, since otherwise the proper functioning of the Administration of Justice would be affected.
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On the other hand, the Chamber specifies that the above does not prevent such expenses from being included in the costs of the criminal proceedings , but, in any case, it will be the sentencing body that determines whether certain expenses are to be considered costs in the specific matter in question. It concludes that, to this end, the Administration may address the sentencing judicial body requesting that the amounts paid at that time be compensated and must be subject to the judicial decision on whether or not to include such expenses in the costs taking into account the specific circumstances of the case.
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