Published: 22.01.2021.
Price
Free
Execution deadline in working days
-
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Recipient
Individual person
Private law legal person
Receiving restrictions
-

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This service allows an individual to claim compensation for damages and non-pecuniary damages in criminal or administrative proceedings due to unlawful or unjustified actions of an authority, Prosecutor’s Office or the court. The person may submit an application to the Ministry of Justice, if the person is entitled to compensation for damages on the basis of a court decision or judgment in criminal proceedings.
The service may be requested by:
A natural person who is fully acquitted or acquitted of charges for any criminal offence for which the person has been held criminally liable if such person has been subject to a procedural coercive measure associated with deprivation of liberty and the law does not provide a penalty involving deprivation of liberty for a criminal offence of which the person has been convicted;
A natural person against whom the criminal proceedings are terminated due to reabilitating circumstances or the criminal proceedings are terminated in part due to reabilitating circumstances, if such a person has been subject to a procedural coercive measure associated with deprivation of liberty and the criminal proceedings continue in part concerning a criminal offence for which the law does not provide a penalty involving deprivation of liberty;
A natural person whose procedural coercive measure associated with deprivation of liberty has exceeded the final period of the deprivation of liberty ordered by the court in the final judgement; A natural person whose property has been destroyed or incurred disproportionate damaged during criminal proceedings;
A legal person governed by private law who has incurred damages during criminal proceedings associated with application of coercive measures without grounds for such application as provided in the Criminal Law.

  • Process description
  • Related documents

Process description

  1. Application for the service
    The person must prepare an application in which a natural person provides his/her name, surname, personal identity number (or date and year of birth) and place of residence, while a legal person provides its name, registration number and registered address, as well as the request and facts that prove the right to compensation of damages. A natural person must also provide the person account details in a credit institution or postal payment system, while a legal person must provide a bank details to which the compensation should be transferred. The person must add to the application any documents that prove the fact of damage and the amount of compensation claimed.
    The application may be submitted to the Ministry in person, sent via mail or e-mail (pursuant to the laws and regulations regarding drawing electronic documents such application must be signed with a secure electronic signature and time stamp) within six months from the moment the compensated event arises.

  2. Receipt of service
    The Ministry will make a decision within three months from the receipt of the application on compensation of damages, if necessary, the period of consideration of the application may be extended in accordance with the procedure laid down in the Administrative Procedure Law.
    The compensation is transferred to the account specified by the applicant.
    The decision on the refusal to compensate damages or non-pecuniary damages shall be sent by registered mail.

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