COMPENSATION CLAIMS FOR IMPRISONMENT ON REMAND
COMPENSATION CLAIMS FOR IMPRISONMENT ON REMAND
Author(s): Marija EderSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Claim for compensation; compensation procedure; European Court on Human Rights; illegal or unjustified detention; lack of public hearing; presumption of innocence; pecuniary and non-pecuniary damages
Summary/Abstract: According to the Austrian Compensation (Criminal Proceeding) Act 2005, which came into force on the 1st January 2005, the compensation for illegal acts performed by legal institutions is widened and the proceeding is improved and simplified. After the Court of Human Rights declared that the old law violated Art 6 European Convention, this new Act meets the requirements of this Convention and also includes the compensation for non-pencuniary damages. Exclusions and limitations of the compensation are reduced, too.
Journal: Зборник радова Правног факултета у Нишу
- Issue Year: XLIX/2007
- Issue No: 49
- Page Range: 9-19
- Page Count: 11
- Language: English