How do you ask for compensation in a case of unlawful detention on remand?
Right to compensation
You have an opportunity to seek compensation if you believe that you have been unlawfully detained on remand. In Slovenia, this right is included in the national Constitution.
Situations
You can seek compensation in the following situations:
- You have been held in remand and criminal proceedings against you were then not instituted or the charges against you are dismissed or proceedings were discontinued or you are later acquitted;
- You have been due to an error or unlawful act of a state body unjustifiably arrested or held in remand for a longer period of time.
In both cases you can ask for compensation for damages according to Criminal Procedure Act. You may claim compensation within 3 years. Before raising a claim to a court of general jurisdiction (civil court), you must first address your claim to the State Attorney's Office to reach a possible agreement on damage, type and amount of compensation. If you do not reach an agreement within three months, you may raise a claim to a civil court.