22-327. Acquittal; discharge of defendant; payment of costs by complainant when prosecution malicious

A. When defendant is acquitted either by the court or the jury, he shall be immediately discharged.

B. If the court certifies in the minutes that the prosecution was malicious or without probable cause, it may order the complainant to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the costs within thirty days after the trial. If the complainant does not pay the costs or give the security, the court may enter judgment against him for the amount thereof, which may be enforced as a judgment in a civil action.

22-327. Acquittal; discharge of defendant; payment of costs by complainant when prosecution malicious

A. When defendant is acquitted either by the court or the jury, he shall be immediately discharged.

B. If the court certifies in the minutes that the prosecution was malicious or without probable cause, it may order the complainant to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the costs within thirty days after the trial. If the complainant does not pay the costs or give the security, the court may enter judgment against him for the amount thereof, which may be enforced as a judgment in a civil action.