Compensation for unlawful accusation

Is compensation due for non-pecuniary damages resulting from an unlawful accusation??

According to the provision of Art. 2 of the Law on the Liability of the State and Municipalities for Damages ("„ZODOV“) Every citizen is subject to compensation for the material and/or non-material damage suffered by him, caused by the investigative authorities, the prosecutor's office or the court.

The situation in which the damages occurred as a consequence of has been explicitly established. „accusation of committing a crime, if the person is acquitted or if the initiated criminal proceedings are terminated because the act was not committed by the person or because the committed act is not a crime, or because the criminal proceedings were initiated after the criminal prosecution was extinguished by statute of limitations or the act was amnestied“

Anyone whose accusation falls into any of the listed hypotheses has the right to claim compensation for the damages suffered.

What damages resulting from an unlawful accusation should be compensated?

Victims of unlawful criminal prosecution may file a claim for compensation for the material and/or non-material damages suffered.

Material damages resulting from an unlawful accusation may be expressed, for example, in lost profits if the unlawfully accused person was deprived of the right and opportunity to exercise his/her employment for reasons related to the criminal proceedings. However, material damages do not necessarily occur as a consequence of the tortious act in question.

Non-pecuniary damage cannot be materialized, as it is part of the inner mental world of a person. It is primarily moral in nature and is related to individual experiences. In the case of unlawful criminal prosecution, non-pecuniary damage may be a direct consequence of violations of the right to freedom of movement and/or the possibility of normal social contacts.

Non-pecuniary damages can be expressed in concerns about unfair judgment, stress, damage to reputation in society, fear, negative consequences in personal life, anxiety, deterioration of health, and all sorts of other manifestations.

What compensation can be claimed as a result of an unlawful accusation?

The amount of compensation for property damage, if any, is precisely determinable. It is directly dependent on specific losses or unrealized income.

The amount of compensation for non-pecuniary damage is determined by the court in equity (Art. 52 of the Civil Procedure Act in conjunction with Art. 2, para. 1, item 3 of the Civil Procedure Act). Consistent case law is consistent on the issue of the lack of abstraction in the concept of „fairness“.

When determining the amount of compensation for non-pecuniary damage, the court is obliged to be guided by specific, objectively existing circumstances in each individual case. The duration, intensity and nature of the injury are particularly important.. The court should also consider the standard of living during the period of the unlawful act.

The circumstances that the court is required to take into account are, for example: the gravity of the charge, the type and duration of the detention measures, if any have been imposed, the duration of the criminal proceedings, the overall impact of the offense on the victim's life, and any other relevant information.

Applying the principle of justice as a moral and ethical concept and taking into account the economic conditions and standard of living in the country at the time of the injury, the court determines the reasonable amount of compensation for reparation of the non-pecuniary damage suffered.

In what order can compensation be claimed?

Claims for compensation for damages caused by an unlawful accusation are considered in accordance with the Civil Procedure Code. The claim is brought before the competent court at the current address of the injured party or at the place where the damage occurred. The defendant is the body whose conduct caused the damages, in the case of an unlawful accusation of committing a crime – the Prosecutor's Office of the Republic of Bulgaria.

For cases under the Law on the Liability of the State and Municipalities for Damages, a regular state fee shall be paid, determined according to the tariff of the Council of Ministers. No amounts shall be paid in advance for expenses in the cases or for the execution.

A prosecutor is required to participate in legal proceedings under the Law on the Liability of the State and Municipalities for Damages.

When the tort falls within the scope of the unlawful accusation of the authority that terminated the proceedings or the court that issued the acquittal, an obligation to publicize this through the mass media is imposed. However, this only occurs upon explicit expression of desire by the interested person and constitutes a kind of reparation for the adverse consequences for the person.

If you have been wrongfully accused and fall into the hypotheses discussed in this article, you should undoubtedly seek compensation for the negative consequences suffered. The protection of rights and legitimate interests in these cases is essential for the fight against arbitrariness and injustice.

The delikti.bg team can provide you with a consultation to assess the chances of filing a claim on the grounds in question. According to The Bar Association Act, the lawyer may provide free legal assistance and assistance to: persons entitled to maintenance; persons in financial difficulty; relatives, close friends or another lawyer.