https://doi.org/10.21697/mj.16487
The aim of this article is to present the institution of compensation for wrongful conviction, detention, or temporary arrest as one of the key instruments for protecting the individual in a democratic state governed by the rule of law. Compensation represents the state’s responsibility for unlawful or unjustified actions of public authorities, as well as the implementation of constitutional and international guarantees of human rights protection. The issue under consideration is of great significance for maintaining the balance between the effectiveness of the justice system and respect for individual rights. The study employs a dogmatic-legal method, encompassing a normative analysis of the provisions of the Code of Criminal Procedure, in particular Article 552, as well as their systemic and functional interpretation. Additionally, it draws on an analysis of case law from common courts and the Constitutional Tribunal, along with statistical elements that help capture the scope and practical significance of the application of the compensation institution. This approach allows for linking theoretical aspects with the practice of law enforcement. The results of the analysis indicate that the institution of compensation serves both a guarantee and a compensatory function. It covers the redress of both material and non-material damage, with its primary aim being the restoration of a sense of justice to the person who was wrongfully deprived of liberty. The notion of “wrongfulness” should be interpreted broadly, taking into account the totality of the circumstances of the case and the objective disproportionality of the coercive measure applied. The amount of compensation is determined individually, considering the duration of deprivation of liberty, psychological and social consequences, and the intensity of the harm suffered. The conducted research leads to the conclusion that the effective functioning of the compensation institution constitutes not only a form of individual redress but also an important mechanism for controlling the legality of state actions. It strengthens citizens’ trust in the judiciary and remains a crucial indicator of the rule of law in a democratic system.
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