NON-MATERIAL DAMAGES DUE TO WRONGFUL CONVICTION AND UNLAWFUL IMPRISONMENT IN COURT PRACTICE
NON-MATERIAL DAMAGES DUE TO WRONGFUL CONVICTION AND UNLAWFUL IMPRISONMENT IN COURT PRACTICE

Summary/Abstract: The right to compensation for damages, due to a wrongful conviction or unlawful imprisonment, should necessarily eliminate the consequences of violating the right to freedom guaranteed by the Constitution. This right corresponds to the obligation of the state to pay for the damage because the wrongful action is undertaken by state officials. It is quite obvious that this is a sui generis right. If a harmful action is committed by a state official, the state is always responsible, regardless of guilt, therefore objectively, if it is proven that the illegal action of the official caused damage. An unlawful imprisonment and wrongful conviction result in a violation of human dignity or honor. In a community, the injured party is recognized as someone who was in prison, as someone who was convicted – their reputation suffers as well. Mental pain, due to an unlawful conviction or imprisonment, represents a unique type of damage that includes all harmful consequences of an intangible nature related to the person of the injured party and resulting from an unlawful imprisonment. For this damage, a single amount of compensation is awarded.

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