Compensation for unlawful detention

The Supreme Court of Cassation (Supreme Court of Cassation) with a new decision dated March 19, 2024, awarding BGN 18,000 in compensation for an illegal accusation for a crime committed in 1999.

The court decision set out in the document concerns a case in which the plaintiff was charged with a crime under Art. 212 para. 4 in conjunction with Art. 1 in conjunction with Art. 20 para. 2 of the Criminal Code of the Republic of Bulgaria. After a trial, the plaintiff was found not guilty, which led to a claim for compensation for non-pecuniary damage suffered.

1. Accusation and trial:

• The plaintiff was accused of committing a crime, which, according to the Supreme Court of Cassation, was not proven.
• During the trial, it became clear that not enough evidence had been collected to prove P.M.U.'s guilt, which is why he was acquitted.

1. Compensation for non-pecuniary damage:

• As a result of the unlawful accusations and procedural coercion, the plaintiff claimed compensation for non-pecuniary damages.
• Initially, the Sofia City Court (SCC) set the compensation at 26,000 leva, which was later confirmed by the Sofia Court of Appeal.
• Subsequently, the Supreme Court of Cassation reduced the amount of compensation to 18,000 leva, motivating its decision with the lack of adequate justification for the higher amount.

1. Judgment and reasons:

• The Supreme Court of Cassation has reconsidered the amount of compensation, taking into account the general principles of justice and the need for objective proof of the non-pecuniary damage caused.
• The court based its decision on the fact that the amount of compensation must reflect the actual inconvenience and damage suffered, and be fair in the context of the case. The plaintiff in the indictment is 36 years old, healthy, not convicted or charged with other crimes. He has a successful business exporting fruits and vegetables abroad. Due to the imposed measure "ban on leaving the country", his freedom to travel abroad was limited for 15 and a half years. In 2000, at the age of only 37, he developed type 2 diabetes. He began to have heart problems and high blood pressure. He was supported by his wife, mother and brother, but his friends began to distance themselves from him. He became isolated, felt a sense of failure and became depressed.

1. Legal basis and assessment of fairness:

• The discussed legal norms and principles served as the basis for assessing the fairness of the compensation.
• The court has stated that all the circumstances of the case must be taken into account when determining compensation, including the claimant's condition, the length of the trial and the social impact of the case.

Thus, the court decision emphasizes the importance of a fair and reasonable assessment of non-pecuniary damage and the need to take into account the specific circumstances of the case. The court applied the principles of fairness and legality to ensure that the amount of compensation was fair and adequate to the inconvenience and psychological distress suffered by the claimant.

The circumstances, the gravity of which the court takes into account in order to determine a higher amount of compensation for non-pecuniary damage, are the following: 1) the gravity of the crime – one for which the law provides for a penalty of „imprisonment from three to fifteen years“, the possibility of confiscation of part or all of the property and deprivation of rights; 2) the coercive measures – the plaintiff endures for 3 months the most severe measure of restraint „detention in custody“, subsequently replaced with a „cash guarantee“ in the high amount of 10,000 leva for a period of 15 years, and a „ban on leaving the country“ for a period of 15 years or more; 3) has a clean criminal record; 4) he suffered mental suffering, pain and inconvenience from the failed successful business, from social isolation and from the fear of unfair conviction, with particularly high intensity in the period from the first-instance conviction to the second-instance acquittal – over seven years and 5) the total duration of the criminal proceedings – almost 16 and a half years.

Having taken into account the length of the trial and the impact of the unlawful accusation on the personal and professional life of the claimant, it concluded that the lower amount of 18,000 leva adequately reflects the extent of the non-pecuniary damage suffered. It is important to note that in the decision-making process, the court analyzed and compared all the specifics of the case, including the actions of the law enforcement authorities and their impact on the accused. As a result, the Supreme Court of Cassation emphasized the importance of an objective and unbiased examination of all facts and circumstances in order to reach a fair judicial decision.

In conclusion, this court decision reflects the principles of the rule of law, where every person has the right to fair judicial protection and adequate compensation for non-pecuniary damage suffered, especially in cases of unfounded accusations and unlawful procedural actions by the pre-trial and judicial authorities.

You can learn more about the topic of state responsibility here. from here. If you believe that your rights have been violated and you are entitled to compensation, contact us for consultation. We can take on your legal defense, and you will only owe a fee if you are successful.