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In accordance with the decision of the Parliament:
In the case of deprivation of liberty, the arrested or detained person shall be entitled to compensation from the State for loss of freedom if:
(1) the investigation shall be closed without charge;
2) the accusation is dropped or rejected;
(3) he has been found guilty of a criminal offence, but it is obvious that, on the basis of his reasons, he could not have been arrested or imprisoned; or
4) there have been no legal conditions for arrest or detention.
There is no right to compensation unless the deprivation of liberty has lasted longer than 24 hours.
When a person has been subject to a travel ban, it is his right to be entitled to compensation for the restriction of his freedom, where applicable, as regards the right to compensation for the loss of freedom, as laid down in this law.
When the suspect has attempted to escape, otherwise to avoid pre-trial or trial, to dispose of evidence or otherwise complicate the investigation, the compensation referred to in Article 1 shall not be paid unless his or her behaviour is upset, For reasons of error or other reasons, it is possible to consider an apology. Compensation shall also not be paid if the suspect has, by a false confession or, intentionally, given rise to the fact that he has been detained or held in custody, and, in any case, when the circumstances are such as to: The payment should not be considered reasonable.
If, in all or part of the sentence, the sentence has not yet been obtained, the sentence of which the sentence has not yet been obtained shall be wholly or partially waived, and the charge shall be dismissed, in full or in part, and the sentence shall be waived accordingly. The right to receive compensation from the State for the implementation of the sentence or part of the sentence on which he or she has been released. A similar right shall be punishable by a custodial sentence where a sentence or a complaint is removed and, when a new hearing is to be delivered, the charge is rejected or sentenced to a lesser sentence than he is: Performed. (28.12.198.84)
No compensation shall be paid if the sentenced person, or otherwise intentionally, has contributed to the conviction of the sentence or, in the light of other circumstances, should not be regarded as reasonable.
Paragraphs 1 and 2 shall apply mutatis mutandis to the payment of the fine or the amount of the fine. (22.12.2009/1175)
For the purposes of this law, compensation shall be paid for expenses, loss of income or maintenance and suffering. (14.4.1989/344)
The right to compensation for suffering will lapse if the injured person dies before applying for compensation. (22.12.2009/1175)
The right to compensation shall not be transferable until the compensation decision has been acquired by the law. This must be stated in the compensation decision.
The compensation is granted by the State Treasury. The claim shall be submitted in writing from the State Treasury.
The application shall be submitted to the State Treasury within a period of six months from the date on which the applicant has been informed that the case is not raised, or when the case has been lodged, the judgment in question has obtained the law or has been terminated or deleted. Or, if a new hearing has been submitted, the judgment rendered therein has obtained the legal force.
In the event of a disciplinary or disciplinary proceedings, the period referred to in paragraph 2 shall be calculated on the occasion of the annulment of the disciplinary decision or the reduction of the disciplinary measure. Or, if the matter has been reopened, it shall be settled again.
A copy of the application for reimbursement shall be accompanied by a copy of the judgment in the criminal case or, in the absence of an accusation, a copy of the decision to prosecute or the decision to end the preliminary investigation, together with a copy of the preliminary investigation The necessary parts. In addition, the applicant shall provide the State Treasury with the other documents and information necessary to clarify the compensation issue.
The State Treasury shall, where appropriate, consult the official prosecutor, the official responsible for the detention or detention, or his superior.
Articles 6a to 6c have been repealed by L 22.12.2009/1175 .
The decision of the State Treasury shall not be appealed against.
The decision of the State Office may bring proceedings against the State in the case-law of the District Court. The action shall be lifted within three months after the applicant was informed of the decision of the Treasury.
The State's interest and the right to compensation are controlled by the State Treasury, at whose request the Office of the Regional Government must instruct the Ombudsman to exercise the State's power of speech.
The compensation payable under this law is carried out by the State Treasury.
Where a State Treasury grants compensation under this Act, it shall pay reasonable compensation to the applicant for the costs incurred in applying for that compensation. This compensation may also be paid to the applicant.
If the State under this law could have been able to apply for the same compensation from a third person under the same law, the State has the right to claim the amount it has paid back. The right of recourse to the State must be respected, as elsewhere specified elsewhere.
The decision on the exercise of the right of withdrawal is decided by the State Treasury.
Where the law or regulation has referred to a provision which has become a provision of this law, the latter shall apply.
This Act shall enter into force on 1 January 1985.
When compensation is required in a case in which the court of law has been the first court to prosecute, the action referred to in Article 5 (2) shall be brought before the court in respect of which the military court (3236) Would be competent to handle the charge.
HE 82/84, Ivhms. 8/84, svk.M. 147/84
This Act shall enter into force on 1 May 1989.
Article 1 of this Act shall apply to the application for compensation in the case where the suspect has been released when the law is in force. Article 4 (1) shall also apply to the period of detention before the entry into force of the law if the claim for compensation has not yet been settled at first instance. If the State Treasury has resolved the claim over a period of three months before the entry into force of this Act and has not decided to grant compensation to the applicant for suffering, it shall, on its own initiative, re-examine it, and Apply Article 4 (1) of this Act, except where the applicant has brought an action against the State.
Article 1a also applies to the application for reimbursement in the case of a travel ban before the entry into force of this Act.
HE 204/88, Ivhms. 2/89, svk.M. 12/89
This Act shall enter into force on 1 January 2010.
Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 228/2009 , LaVM 17/2009, EV 219/2009
