How to request compensation for the decisions of a judge?

Right to compensation

You have the right to ask for compensation if you appealed the decision of a judge to keep you placed in a mental health care institution involuntarily and your placement was cancelled by the court of appeal. In Bulgaria, this right is included in the national State and Municipal Liability Act.

Where to complain?

The court of appeal that cancelled the decision for your placement should inform you about your right to compensation and the procedure for the compensation claim. The compensation claim should be submitted to the district civil court at the place of your residence against the State. The claim has to be based directly on Article 2, para.1 of the State and Municipal Liability Act.

Procedure

The procedure in this case is explained in the Civil Procedure Code. When filing the claim, you should explain all the relevant facts, and in your opinion, what rights have been violated and how. The compensation claim can include both material damages (for example, loss of profit because you could not go to work) and moral compensation (for example, the humiliation which you suffered from being detained).

Resources

Last updated 15/03/2019