冤獄賠償,冤枉監
2014-10-05 1:24 am
有兩位朋友被警方落案Holding Charge, 一個上庭還押荔枝角2個月,原訟法庭打保釋外出,一個還押了4個多月,再上庭控方取消控罪,裁判官判可取回所有律師費,請問他們還可以怎樣索償,除民事索償,政府是否有一個冤獄賠償,請各位智識人仕指點,謝@.
回答 (2)
2014-10-05 4:37 am
✔ 最佳答案
香港並沒有冤獄賠償法律，據知台灣才有，所以受害人除用民事入稟索償外，暫別無他法； 
2014-10-05 12:48 pm
This is a 2 separate procedure.
Legal fees:
The magistrate's court has award the fees. However, the prosecution (who will be responsible) does not know how much the fees are. So the lawyer should file a Motion To Tax Cost to list the detail about the cost and the court can finalized.
The fee is now recognized, but not realized.
Damage for wrongful imprisonment.
Personally, I don't think there is a case (as the detention is ordered by the court). Nevertheless, a lawyer will be needed to file a claim with the Department of Justice.
After that, a civil lawsuit.
Legal fees:
The magistrate's court has award the fees. However, the prosecution (who will be responsible) does not know how much the fees are. So the lawyer should file a Motion To Tax Cost to list the detail about the cost and the court can finalized.
The fee is now recognized, but not realized.
Damage for wrongful imprisonment.
Personally, I don't think there is a case (as the detention is ordered by the court). Nevertheless, a lawyer will be needed to file a claim with the Department of Justice.
After that, a civil lawsuit.
收錄日期: 2021-04-16 16:34:05
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https://hk.answers.yahoo.com/question/index?qid=20141004000051KK00090