1With the decision accepting the request for the return of an item or the compensation of damages, the court obliges jointly the defendant and the civil defendant to pay the procedural expenses in favour of the civil plaintiff, except when it deems that it must decide their entire or partial compensation.
2When the request is rejected or the defendant is found not guilty, except when he has no criminal liability, the court obliges the civil plaintiff to pay the procedural expenses made by the defendant and the civil defendant in relation to the civil lawsuit, but in any case, when there are no reasons for the complete or partial compensation. When it is proved the gross negligence, the court may also charge with the compensation of the damages caused to the defendant or the civil defendant.