Taxing of Costs of Malicious or Frivolous Prosecution

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Fees of Officers
  5. Taxing of Costs of Malicious or Frivolous Prosecution

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  1. When the defendant is discharged upon the examination, or acquitted in any criminal prosecution for a public offense, and the court is of opinion that the prosecution was malicious or frivolous, the prosecutor may be taxed with all the costs.
  2. This section extend to trials before judges of general sessions courts, by whom the prosecutor may, in like manner and under like circumstances, be taxed with all the costs.

Code 1858, §§ 5579, 5580 (deriv. Acts 1794, ch. 1, § 76; 1807, ch. 24, § 1; 1851-1852, ch. 70, §§ 1, 2); Shan., §§ 7611, 7612; Code 1932, §§ 12239, 12240; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-3328.

Cross-References. Taxing of costs on abandonment of prosecution, §40-25-127.

Taxing prosecutor where defendant has made settlement, §40-25-128.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.23.

Attorney General Opinions. General sessions judge's legal authority, OAG 00-001 (1/4/00).


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