Question juridique clé
Whether the refusal of an indemnity for defense costs under Art. 429(1)(a) CPP was arbitrary or violated equal treatment.
Solution extraite
The complaint was insufficiently reasoned under Art. 106(2) LTF and, in any event, the indemnity requires expenses for privately retained counsel, which the appellant did not have.
Motifs extraits
Art. 429(1)(a) CPP and Art. 436 CPP apply to appeal proceedings, but the indemnity covers only a party who actually incurred costs for a choice lawyer. A party represented by court-appointed counsel and receiving legal aid has no such claim; Art. 135(4) CPP is not decisive.