Unjust conviction for a crime is an infrequent phenomenon, but nevertheless a highly detrimental from the perspective of both a convict and the interests of the jurisdiction. Therefore, if a convict has been acquitted as a result of cassation or resumption of the proceedings (or if a commuted sentence or punitive measure has finally been adjudicated), the convict is entitled to compensation for damage from the State Treasury and redress for the harm suffered.

Compensation and redress cover damage and harm sustained by the defendant in connection with execution of a part or the whole of a sentence or a punitive measure which he or she should not serve.

The right to compensation and redress is granted also in the event of unjustly applied coercive and precautionary measures (e.g. custody or pre-trial detention). A claim for compensation and redress should be lodged with the regional court in whose region the first-instance judgement was rendered in the case (or, if there was no such judgement - where the unjust detention took place).

[Legal status as at July 2015]

Defendants in the criminal procedure