Compensation upon proper conviction

Any citizen who has suffered from illegal actions of the prosecutor's office, the investigation or the Ministry of Interior, or if these institutions have damaged his rights and interests, may seek compensation from the relevant authority under the State Liability for Damages Act ("„ZODOV“).

Those actions and acts of state and municipal bodies that are issued by an incompetent body, are not signed or issued in the appropriate form, or are issued in a manner inconsistent with the requirements or purpose of the law are illegal.

Can I suffer from inaction (as in a due judgment)?

Yes, this is the case in cases where the authority must perform a specific action, but unlawfully fails to act.

An example of damages from inaction is when a proper sentence is imposed. In this case, a person who is effectively sentenced to serve a sentence of "deprivation of liberty", but after the expiration of the relevant period, is not released. According to the Judicial System Act, the Prosecutor's Office of the Republic of Bulgaria is the competent authority that exercises supervision over compliance with the law in the execution of sentences. It is also the responsible authority that should compensate for the damages suffered.

The damages resulting from the imposition of a sentence are expressed in the violation of the constitutional right of citizens to free movement, exercise of a profession, social contacts and private life, as a result of the inaction of the competent authority regarding the issuance of an act by which the detained person should be released.

And how do I claim compensation for damages from illegal detention?

Read more about this in our article on this topic!

The procedure for engaging the liability of the Prosecutor's Office is as provided for in the Law on the Liability of the State and Municipalities for Damages. A claim is filed with the competent administrative court at the place where the damage occurred or at the permanent address of the victim. The amount of compensation is determined by the court in equity..

This article does not constitute legal advice and is intended to address certain legal issues. For more information on the above issues or if you need a consultation, please contact the delikti.bg team or submit your inquiry on the website of the Georgiev & Petrov Law Firm.