Questão jurídica principal
Whether the appellant was entitled to compensation for defense expenses under Art. 429 para. 1 let. a CPP and Art. 436 CPP.
Decisão extraída
No. Those provisions cover expenses actually borne for privately retained counsel; the appellant had only received legal aid and thus had not personally incurred such costs.
Fundamentação extraída
Defense costs for appointed counsel are procedural costs, normally not borne by the accused. Since the appellant was not represented by counsel of choice, the statutory conditions for compensation were not met. A hypothetical future reimbursement duty under Art. 135 para. 4 CPP does not justify a conditional compensation award.