You have the right to claim compensation for an unlawful involuntary placement in a mental health care institution.
If you have been placed in a mental health care institution involuntarily through an unlawful decision by a judge or a court, you have the right to compensation.
You can ask for compensation in the following situations:
Acquittal or termination
If you were placed in a mental health care institution involuntarily in relation to your criminal case, but you were later acquitted or the criminal case was terminated against you because of exonerating circumstances. In such a case you can seek compensation for damages.
Cancellation by a higher court
You can seek compensation if after you had appealed the decision about the involuntary placement, the appeals instance quashed the decision of the judge or the lower court. The compensation claim can include both:
- Material damages (for example, loss of profit because you could not go to work) and
- Moral compensation (for example, the humiliation you suffered from being detained)