How do you challenge the lawfulness of detention and ask for compensation?
Right to complain
The grounds and procedures for detention in cases of criminal suspicion are explained in this Guide. There could be situations where the police did not follow these grounds and procedures. In such situations you have the right to complain about the police behaviour.
What can you claim?
Since the period of detention can only be a maximum of 48 hours, it is not feasible to complain about the unlawfulness of the detention in order to get released. However, you may request compensation for being detained unlawfully. You have a right to demand compensation on three different grounds:
- compensation for damage depending on final outcome of offence proceedings
- compensation for damage regardless of final outcome of offence proceedings
- compensation for damage in case of review
Situations
The following three situations may occur:
- Compensation for damage depending on final outcome of offence proceedings
You have been detained but you are later acquitted or the criminal case is terminated against you by a Prosecutor's Office because of exonerating circumstances. In such cases you can ask for compensation for damages by submitting the written application for compensation to the Prosecutor’s office. You can submit an application for compensation for damage within six months as of the day when you became aware or should have become aware of an order of a Prosecutor's Office, on the basis of which you acquired the right to demand compensation for damage.
- Compensation for damage regardless of final outcome of offence proceedings
You believe that you have been detained unlawfully or a body conducting proceedings is at fault violating the procedural law, but you don’t know the outcome of your case. In such a situation, you can complain about the unlawfulness of your detention to the Prosecutor’s Office if the Prosecutor’s Office has not gone to the court with your case. You can submit an application for compensation for damage within three years as of the day when you became aware or should have become aware of damage but, regardless of whether or not you were aware, not later than within ten years as of causing of damage or the event which caused it. If your proceeding is gone to court then you can submit an application for compensation for damage to court before the end of examination by the court. The court decides on compensation for damage by a ruling or judgment.
- Compensation for damage in case of review
If you are granted commutation, you are acquitted or criminal proceedings are terminated with respect to you as a result of a new hearing of the criminal matter resumed due to review, you can demand compensation for damage which was caused by previous punishment. In such cases you can ask for compensation for damages by submitting the written application for compensation to the Prosecutor’s office. You can submit an application for compensation for damage within six months as of the day when you became aware or should have become aware of an order of a Prosecutor's Office, on the basis of which you acquired the right to demand compensation for damage.
If the application is submitted to the Prosecutor’s Office and if a Prosecutor's Office dismisses an application in part or in full or refuses to review it, you may submit a written appeal against the order of a Prosecutor's Office to the Office of the Prosecutor General within 30 days as of the day when you became aware or should have become aware of the contested order. If the Office of the Prosecutor General or a body conducting extra-judicial proceedings dismisses an application in part or in full or refuses to review it or fails to adjudicate it during the term, you may submit a written appeal against the order of the Office of the Prosecutor General or a body conducting extra-judicial proceedings to a county court.