223. When rendering judgment, the judge may(1) order the defendant to pay the costs fixed by regulation where he convicts him of an offence and imposes a fine on him;
(2) order the prosecutor to pay to the defendant the costs fixed by regulation if he considers the proceedings to be an abuse or clearly unfounded;
(3) order the defendant or the prosecutor, as the case may be, to pay the costs fixed by regulation where it has been decided that they would be determined upon judgment on the proceedings.