The Federal Government is obliged to compensate for those damages that one has suffered as a result of the deprivation of personal liberty for the purpose of the administration of criminal justice or as a result of a criminal conviction. This includes, for example, compensation for pain and suffering caused by detention or loss of earnings. Compensation for the detention injury suffered as a result of the arrest amounts to an – admittedly small – sum of EUR 20.00 to EUR 50.00 per day of deprivation of liberty. The damage suffered is generally only to be compensated in money.
The right to reimbursement of costs exists in the case of:
- Unlawful detention (e.g. grounds for detention are not present)
- Unjustified imprisonment (e.g. acquittal)
- Annulment of the final conviction within the framework of the retrial proceedings
However, in the event of contributory negligence on the part of the person concerned – for example, because he or she has brought about the suspicion or the reason for detention by incriminating himself or herself in material respects contrary to the truth – the liability of the Federal Government may be excluded or limited.
If a claim exists, it must be filed in writing with the State Financial Procurator’s Office within three months. If this request is not complied with, the compensation can be claimed in civil court.
