How do you request compensation in a case of unlawful detention?
You have the right to compensation if you have been kept unlawfully detained.
Situations
Unlawful detention can take place in the following situations:
- When you have appealed the lawfulness of your detention to a higher institution (officer) or a court and they quashed this decision.
- When a court made a decision to prolong your detention, but at an appeal, a higher court quashed the court’s decision.
How to request compensation
You have the right to receive compensation if, after you appealed the decision to keep you detained, the appeals instance quashes the decision. You can either address the Ministry of Justice or apply to the court.
If you address the Ministry of Justice, you can claim material damages of maximum 2900 euro, and moral compensation not exceeding 1500 euro. The procedure in this case is explained in the Law on Compensation of Damage caused by Unlawful Actions of State Institutions.
If you apply to the court, your compensation claim is not limited in terms of monetary amount and should be submitted to a court of general jurisdiction (civil court) against the State. The procedure in this case is explained in the Code of Civil Procedure. When filing the claim, you should refer to the court decision that has been quashed; explain all the relevant facts, the particular rights, which have been violated in your opinion and how they have been violated.
The compensation claim can include both material damages (for example, the loss of profit because you could not go to work) and moral compensation (for example, the humiliation you suffered from being detained).