The Law Who Have Been Unjustly Jailed, Or Deprivation Of Liberty Of The Idea That The Resources Of The State Compensation

Original Language Title: Laki syyttömästi vangitulle tai tuomitulle valtion varoista vapauden menetyksen johdosta maksettavasta korvauksesta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1974/19740422

In accordance with the decision of the Parliament, provides for: 1 section (14.4.1989/344) a criminal offence is entitled to under the rules, or vangitulla on suspicion of deprivation of liberty as a result State, if: 1) to the investigations will be terminated without charge;
2) the indictment shall be left aside or rejected;
He has been found guilty of a criminal offence), but it is obvious that, on the basis of this syyksilukemisen him it would not have been possible to arrest or capture; arrest or detention or 4) has not been legal.
The right to compensation is not, unless the detention have lasted one day longer.


1. (a) section (14.4.1989/344) When someone is prescribed, it is his right to receive compensation for the limitation of their freedom, mutatis mutandis, to the right of detained and imprisoned, what force to get compensation for the loss of freedom is in the law.


§ 2 When the suspect tried to escape, otherwise the map to face preliminary charges or trial, disposed of the evidence, or in other ways make it more difficult for the purposes of measures of inquiry, not compensation referred to in article 1 shall be paid, unless his behavior a mental shock, error or other reasons, cannot be regarded as anteeksiannettavaksi. Compensation is not paid, if the suspect is a false confession or otherwise intentionally given rise to the fact that he has been held in detention or in prison, and the other case, when the circumstances are such as to ensure that compensation should not be regarded as reasonable.


section 3 If anyone is wholly or in part, to run him a custodial sentence of the convicted person, even though the Court has not yet received the force of the law, and the appeal in whole or in part will be rejected and condemned to respectively shall be exempt from punishment, is she the right to compensation by the State as a result of the penalty or part of it, for which he has been released, have been implemented. A similar right is a custodial sentence means: when the sentence or complaint will be removed and, when the case is delivered to a new treatment, it will be rejected or judged anything less punishment than he has carried out. (28.12.1984/984)
No compensation will be payable if convicted on false confession or otherwise intentionally has contributed to the conviction or the sentence if the payment of the compensation, taking into account other circumstances should not be regarded as reasonable.
Paragraphs 1 and 2 shall apply mutatis mutandis to the conversion of the fine, penalty or arestirangaistusta applications. (22 December 2009/1175) within the meaning of article 4 of this law of compensation shall be paid to the credit of the expenses, income, or a reduction of dependency and misery. (14.4.1989/344)
The right to compensation for damages shall lapse if the aggrieved party dies before applying for compensation. (22 December 2009/1175)
The right to compensation is not to be transferred before the compensation decision has the force of law. This is the replacement decision.


section 5 (22 December 2009/1175) compensation granted by the State Office. Compensation must be applied for in writing to the State konttorilta.
The application shall be sent to the Treasury within six months of the date on which the applicant has been informed that a charge is increased, or when the case has been suspended, the reading of the judgment has become final, or it has been torn down or removed, or if a new treatment is provided, the judgment is final.
If the requirement is in accordance with the disciplinary procedure for arestirangaistusta and there are no charges, shall be calculated on the amount of time referred to in paragraph 2 of the decision on the disciplinary punishment has been abolished or disciplinary punishment has been toned down, or, if it is prescribed to be taken up again, it is.


section 6 (22 December 2009/1175) Compensation, the application shall be accompanied by a copy of the judgment in a criminal case, or if the prosecution does not have brought an end to the pre-trial investigation, a copy of the decision on the syyttämättäjättämispäätöksestä or the esitutkintapöytäkirjasta, as well as a copy of the necessary parts. In addition, the applicant must provide to the Treasury on such other documents and information which are necessary for the compensation in order to clarify the issue.
State of the branch shall, where appropriate, on application by the Prosecutor, or consult the arrest of the official päättänyttä official or Manager.


6 (a), section 6 (a) (c)-6-6 (c) of section was repealed on 22 December 2009 the L:lla/1175.




section 7 (22 December 2009/1175) the State Treasury decision may not be appealed.
The State Treasury may be brought against the State of dissatisfaction with the decision of the District Court of disputes within the order. The action must be raised within three months of the date on which the applicant was informed of the decision of the State Treasury.
The interests of the State and the right to compensation in the case at the request of the State Office that monitors local government agency shall provide the agent access to the State.


section 8 (22 December 2009/1175) This compensation according to the law, carry out State Treasury.
When the State Office to grant compensation under this Act, it shall pay to the applicant a reasonable compensation for the costs incurred for this how to. This allowance may also be paid to the applicant's attorney.


section 9 (22 December 2009/1175) If the State under this Act compensation received should have been able to apply for compensation under the law with the same third person, the rest of the State has the right to demand reimbursement of the amount of the return. A result of the State is to be followed, what about the rest of the.
How to use Takautumisoikeuden to decide on State Treasury.


This law shall enter into force on 1 September 1974. The allowance, which is to address it before the time is applied to the previous law. When a person is released only after the entry into force of the new law, is, however, also apply to the latter the law before its entry into force, in respect of the preceding period.

If required by law or regulation has been made to the provision, by contrast, has become the last of this provision is to be applied.

The change of the date of entry into force and the application of the acts: 28.12.1984/984: this law shall enter into force on 1 January 1985.
When compensation is required in case of a prosecution of the war, in which the Court has dealt with in the first instance, section 5 (2) is intended for the action must be brought in the Court, that a military trial of the law (326/83): it would be competent to deal with the prosecution.
THEY'RE 82/84, lvk. Mrs. 8/84, svk. Mrs. 147/84 14.4.1989/344: this law shall enter into force on 1 May 1989.
Article 1 of this law shall apply to an application for compensation in a case in which a suspect is released under this law. This paragraph 4 shall also apply before the entry into force of the laws of a deprivation of liberty at the time of the requirement, if compensation has not yet been resolved in the Court of first instance. If the answer to the State Treasury compensation for the three-month period preceding the date of the entry into force of this law and it is not granted to applicants in so far as compensation for the suffering, has decided to take in this respect, on its own initiative, review, and apply it to this paragraph 4, does not, however, if the applicant has raised an action against the State.
Article 1 (a), of this law shall also apply to an application for compensation in a case in which the travel ban is imposed before the entry into force of this law.
THEY 204/88, lvk. Mrs. 2/89, svk. Mrs. 22 December 2009/12/89 1175: this law shall enter into force on 1 January 2010.
Before the date of the entry into force of this law and of the birth at the time of entry into force of this law shall apply to the relevant provisions.
THEY LaVM 17/228/2009, 2009, EV 219/2009