If you have been wrongfully arrested or imprisoned due to a crime, you may be eligible for compensation from the Government for deprivation of liberty.
If you have been wrongfully deprived of your liberty, you may be eligible for compensation for the following items caused by the deprivation of liberty:
* expenses directly caused by the deprivation of liberty
* loss of income or maintenance
* expenses of application for the compensation.
For claims related to the loss of income or maintenance, the necessary documents on the damage must be attached, such as a verifiable report of loss of income from your employer.
Preconditions for receiving compensation
If you have been arrested or imprisoned due to a crime, you are eligible for compensation from the Government for deprivation of liberty, if:
* the pre-trial investigation is ended without bringing any charges.
* the charge is decided not to be processed or it is discarded.
* you have been found guilty of a crime but it is evident that you could not have been arrested or imprisoned based on this imputation.
* there were no legal grounds for your arrest or imprisonment.
Compensation is not granted if the deprivation of liberty lasted for less than 24 hours.
Persons to whom a travel ban, an intensified travel ban or a technically monitored arrest have been ordered are similarly entitled to compensation for the limitation of their liberty, as applicable.
What to do
You must claim compensation within six months of the day when
* you found out that the charges will not be brought.
* the matter was decided not to be processed.
* the sentence in the proceedings acquired legal force or was revoked.
Be sure to include all of the documents in your claim which prove its relevance or which you wish to invoke.
If several crimes were investigated during your deprivation of liberty, we will need the information on the final result of each investigation.
If you deliver all documents at once, the matter can be processed more quickly.
Such documents include:
* the decision proving that the deprivation of liberty was wrongful, such as a copy of the judgement passed by a court of law or the prosecutor’s non-prosecution decision.
* an account by an authority of the duration of the deprivation of liberty.
* the pre-trial investigation report.