Question juridique clé
Whether compensation under Art. 429 CPP may be claimed in separate proceedings when the trial judgment omitted to decide it.
Solution extraite
Yes. If the criminal judgment failed to address compensation ex officio, the accused may assert the claim later in separate proceedings under Arts. 363 ff. CPP.
Motifs extraits
Art. 429 CPP and Art. 81(4)(b) CPP require compensation to be dealt with in the criminal judgment, but the authority's failure to do so cannot deprive the accused of the right to compensation. No waiver may be inferred merely from the absence of an appeal, especially where the authority gave no invitation to quantify the claim and the new CPP had just entered into force.