SТАТЕ RESPONSIBILITY FOR DAMAGE CAUSED BY UNFAIR SENTENCE OR UNFOUNDED ARREST Cover Image

ОДГОВОРНОСТ ДРЖАВЕ ЗА ШТЕТУ ЗБОГ НЕОСНОВАНЕ ОСУДЕ ИЛИ НЕОСНОВАНОГ ЛИШЕЊА СЛОБОДЕ
SТАТЕ RESPONSIBILITY FOR DAMAGE CAUSED BY UNFAIR SENTENCE OR UNFOUNDED ARREST

Author(s): Nataša Mrvić-Petrović, Zdravko Petrović
Subject(s): Criminal Law, Human Rights and Humanitarian Law, Evaluation research, Sociology of Law
Published by: Матица српска
Keywords: damage compensation; criminal procedure; unfair sentence; unfounded arrest; state responsibility for damage; human rights;

Summary/Abstract: The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

  • Issue Year: 2013
  • Issue No: 145
  • Page Range: 653-665
  • Page Count: 13
  • Language: Serbian