Compensation for wrongful convictions in Germany
- The chapter describes the German procedure for obtaining compensation for wrongful convictions. Besides specific cases of compensation for convictions based on subsequently repealed legislation and claims arising from general official liability, German law provides a mechanism for compensation, insofar as a conviction is eliminated or mitigated in a retrial in criminal proceedings. Still within this retrial, the criminal court is called upon to determine whether a claim exists for compensation of material and/or non-material damages on the merits. The amount of compensation is assessed in a judicial administrative procedure at the request of the person concerned. The compensation for non-material harm is calculated on the basis of a lump sum of currently €75 per day of imprisonment; the extent of material harm must be submitted and proven by the person concerned. She has the right to take legal action in the civil courts against the decision on the amount, she has the right to take legal action in the civil courts.
Author details: | Anna Helena AlbrechtORCiDGND |
---|---|
DOI: | https://doi.org/10.4324/9781003229414-3 |
Title of parent work (English): | Compensation for wrongful convictions: A comparative perspective |
Publisher: | Routledge |
Place of publishing: | London |
Editor(s): | Wojciech Jasiński, Karolina Kremens |
Publication type: | Part of a Book |
Language: | English |
Date of first publication: | 2023/03/14 |
Publication year: | 2023 |
Release date: | 2023/03/29 |
Print run: | 1st ed. |
Number of pages: | 27 |
First page: | 25 |
Last Page: | 51 |
Organizational units: | Juristische Fakultät / Strafrecht |
DDC classification: | 3 Sozialwissenschaften / 34 Recht / 345 Strafrecht |
License (German): | CC-BY-NC-ND - Namensnennung, nicht kommerziell, keine Bearbeitungen 4.0 International |