Key legal question
Whether denying criminal compensation for lawyer's fees because the accused has legal expenses insurance is arbitrary
Extracted holding
Yes. The State cannot refuse compensation for defense costs merely because the acquitted accused is insured; the older contrary view was overruled.
Extracted reasoning
A person insured for legal expenses covers only his own risk, not the State's liability. In criminal proceedings, where the State acted coercively and the prosecution proved unjustified, compensation claims against the State cannot be defeated by insurance coverage.