How do you challenge the lawfulness of police custody and ask for compensation?
Right to complain
The grounds and procedures for police custody in cases of criminal suspicion are explained in this Guide. There could be situations where the police did not follow these grounds and procedures. In such situations you have the right to complain about the police behaviour.
What can you claim?
You can complain against the police decision regarding the grounds for deprivation of liberty for the duration of the police custody and for another three days after the end of police custody. Since the period of arrest can only be a maximum of 48 hours, it is not feasible to complain about the unlawfulness of police custody in order to get released. You may also request compensation for being placed in police custody unlawfully. In order to receive compensation, you should complain about the unlawfulness of the arrest after you have been released.
Situations
- You have been unlawfully placed in police detention and then no detention on remand has been ordered against you and the time you have spent in police custody has later not been included in the sentence imposed for criminal offense or misdemeanor;
- You have been due to an error or unlawful act of a state body unjustifiably arrested.
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.