How do you claim compensation for the unlawful activities of investigating authorities?

Right to compensation

You can also ask for compensation if you have suffered damages as a result of mistreatment by the police during an investigation. You may have suffered damages that resulted in material losses. In addition, mistreatment may leave psychological effects and cause suffering, for which you can ask moral compensation.

Compensation in a criminal case

A prosecutor may open a criminal case against police officers on the basis of your complaint. In this case, you can ask for compensation for damages as a victim in criminal proceedings. If you have not claimed damages in criminal proceedings, you can institute separate civil proceedings for damages after the conclusion of the criminal proceedings. In some cases, you also have rights to compensation from the State as a victim. Read more about this in the Law on Assistance and Financial Compensation of Victims of Crimes.

Compensation in special proceedings

There may also be situations where the actions of the police officers will not qualify as a criminal offence. But this does not necessarily mean that certain activities of the police officers during the investigation did not violate your rights. In these situations you are entitled compensation under the State and Municipalities Responsibility for Damage Act. You can file a claim for damages in an administrative court if you can prove that the actions of the police had been unlawful.

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Last updated 08/03/2019