Questão jurídica principal
Whether the appellant was entitled to an indemnity for defense costs under Art. 429(1)(a) CCP after the criminal case was discontinued.
Decisão extraída
Yes. In the circumstances, retaining counsel after the penal order was a reasonable exercise of procedural rights, so the refusal of compensation violated federal law.
Fundamentação extraída
The case was not so simple that a layperson could reasonably defend herself alone: the appellant had been convicted by penal order, faced a non-negligible sentence of 60 day-fines, and there was no indication she was familiar with criminal law. The situation differed from cases ending immediately after the first police interview.