Compensation

SECTION 8
The Government or the Ministry of Justice shall decide on compensation from public funds to public defence counsel for work in a matter for surrender to the International Criminal Court, except on issues concerning compensation for work that shall be decided by a court.

SECTION 9
On issues concerning compensation in accordance with Section 18 of the Cooperation with the International Criminal Court Act (2002:329), Section 1, second and third paragraphs, Sections 2-5, 8 and 10 as well as Section 11, first paragraph of the Compensation from Public Funds to Witnesses, etc. Ordinance (1982:805) shall apply. However, subsistence costs may be fixed at 350 kr per day at most.

SECTION 10
An application for compensation or an advance on compensation as referred to in Section 9 shall be made to the district court in the district where the person summoned to attend is staying. Otherwise, the provisions contained in the Public Proclamation on Payment of Certain Compensation in Cases or Matters at Court, etc. (1973:261) shall apply.

Reimbursement of costs

SECTION 11
Reimbursement of the following costs shall be sought from the International Criminal Court.
1. Costs of translation, interpretation and transcription.
2. Costs associated with the travel and security arrangements for wit¬nesses.
3. Costs associated with the transport in connection with the transfer of a person deprived of his or her liberty in Sweden.
4. Costs of travel and security arrangements for experts and costs of expert opinions and reports requested by the Court.
5. Costs of transport for the person to be surrendered to the Court.

SECTION 12
Reimbursement of extraordinary costs may be sought from the International Criminal Court. If during the handling of the matter it appears that execution of the request will involve extraordinary costs, the prosecutor or court shall notify the Ministry of Justice thereof.
The Ministry of Justice shall, in consultation with the International Criminal Court, determine what costs the Court shall bear.

SECTION 13
The authority that has incurred such costs as are referred to in Section 11 or Section 12 seeks reimbursement of the cost from the International Criminal Court. The request should be submitted to the Ministry of Justice to be forwarded to the International Criminal Court.

Article 85
Compensation to an arrested or convicted person
1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.
3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.