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Report No. 277

(iii) Law on Compensation for Law Enforcement Measures

3.18 There is also the 'StrafverfolgungsentschÀdigungsgesetz' (StrEG), translated as 'Law on Compensation for Law Enforcement Measures' in force since 1971, dealing with claims for compensation mainly arising out of mitigation or elimination of final conviction, unlawful pre-trial detention and other unlawful detention, unlawful search and seizure.

3.19 § 7 Abs. 3 StrEG provides for a fixed sum per day for the non-pecuniary damage as compensation i.e. € 25 per day (wrongfully spent in custody) in addition to any compensation for financial loss. Factors comprising financial loss include loss of earnings often due to a loss of the place of employment, losses in the pension insurance policy (usually due or in direct consequence to loss of earnings), cost of the lawyer, cost arising from the search of a place to live and from damage to health.

3.20 Claim for compensation under this law is made before the state justice administration, which decides on the claim. The burden of proof in the aforesaid claims lie on the claimant, which has been noted to make it difficult in reality for the claimant to obtain any compensations for financial loss.

3.21 § 5 StrEG bars claims of compensation in certain cases, such as causation of the prosecution by the injured party - deliberately or gross negligently (the expression 'gross negligently' includes an act where the wrongfully convicted person neglected their duty of care, for example, accused confessing to his guilt despite being innocent); the concealment of relieving circumstances by the claimant.

Wrongful Prosecution (Miscarriage of Justice) - Legal Remedies Back

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