Indemnity

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Compensation is paid for a served prison sentence if the conviction in retrial or otherwise, after it has become final, no longer applies or is mitigated. In the case of pre-trial detention, there is a claim if the person concerned is acquitted or proceedings against him are discontinued or if the court refuses to open main proceedings against him.

There is no entitlement to compensation under the StrEG for measures involving deprivation of liberty on the basis of other legal bases, in particular according to § § 415  ff. FamFG , e.g. B. for wrongly suffered detention pending deportation . Since in these cases, however, there is basically a claim for compensation on a different legal basis ( Art. 5 (5 ) ECHR ), the competent authorities often base their assessment of the amount of compensation on the provisions of the StrEG and apply them accordingly.

Germany

The compensation fulfills the function of compensation and compensation for pain and suffering . It is regulated in Germany in the Law on Compensation for Prosecution Measures (StrEG) and amounts to 25 € for each commenced day of deprivation of liberty for "damage that is not pecuniary damage" ( Section 7 (3) StrEG). In addition, compensation for financial loss can be made if the proven damage exceeds the amount of € 25 and the damage would not have occurred without the criminal prosecution measure ( Section 7 (1) StrEG).

However, the implementation regulations of the StrEG provide for the crediting of savings resulting from imprisonment for accommodation and meals against the financial loss according to general principles (so-called benefit sharing ). Such savings should "only be taken into account" when asserting congruent pecuniary losses (Section 7 (1) StrEG) and only "to the amount of 3/4 of the detention costs rate. According to a judgment of the Düsseldorf Higher Regional Court of May 10, 2006, such a congruence relationship does not exist, for example, between the claim for compensation for defense costs incurred under Section 7 (1) StrEG and the meal costs saved in custody. Even more, there is no deduction for saved expenses compared to the flat rate of 25 euros per day of imprisonment in accordance with Section 7 (3) StrEG, since this is not for financial damage, but according to the express wording of the law for "damage that is not financial damage", is done.

The compensation according to the StrEG does not exclude the assertion of compensation claims according to other legal bases (e.g. according to Art. 5 Par. 5 ECHR ). U. can also be higher.

On November 9, 2017, the Justice Ministers ' Conference decided that "the current compensation according to Section 7 (3) StrEG of € 25.00 for each commenced day of deprivation of liberty" is deemed to be too low, "the Federal Minister of Justice and Consumer Protection , to submit a bill that provides for a significant increase in this compensation. "

Cases in the GDR

Compensation for imprisonment and persecution in the GDR can be applied for on the basis of the Criminal Rehabilitation Act (StrRehaG) if this is based on the criminal law decision of a German state court in the area named in Art. 3 Unification Treaty ( accession area ) from the time of May 8, 1945 until October 2, 1990, which is incompatible with essential principles of a free constitutional order. The basic lump- sum compensation is € 306.78 (previously DM 600 ) for each month or part thereof of a deprivation of liberty, which corresponds to a daily rate of around € 10.

Austria

The Criminal Law Compensation Act (StEG 2005) applies in Austria. The law includes a direct liability of the institution which has inflicted the damage from, but the collar on the offending member can seek recourse . Compensation is only possible in cash, the rate per day is a minimum of 20 and a maximum of 50 euros. In the case of contributory negligence such as false statements or failure to comply with a summons, liability can be limited or excluded. The right to compensation expires after three years. The injured party has to request the federal government, in particular the financial procurator , to recognize the claim in a request procedure. The claim for compensation is protected from execution except for outstanding maintenance payments .

Times for which a claim for compensation has been recognized or for which an Austrian court has legally recognized a claim for compensation apply in accordance with Section 506a ASVG as insurance periods. The federal government must subsequently pay the contributions due for these periods to the responsible insurance company.

A case of particularly long imprisonment in the USA

Craig Coley (* 1947) was sentenced to life imprisonment in 1980 for double homicide . He always promised to be innocent. He was released in 2017 after a DNA test showed he could not have committed the crime. The Governor of California , Jerry Brown , pardoned him. In February 2019, the city ​​of Simi Valley agreed with Coley on a compensation payment of US $ 21 million (around € 19 million) for almost 38 years in prison to avoid trial.

Web links

Wiktionary: indemnity  - explanations of meanings, word origins, synonyms, translations
Wikisource: The Issue of Compensation for Innocent Imprisonment  - Consideration from 1882

Individual evidence

  1. ↑ Appendix C of the guidelines for criminal proceedings and fine proceedings , https://www.jurion.de/gesetze/ristbv/anlage_3/
  2. ↑ OLG Düsseldorf 18 U 12/06
  3. ↑ https://jm.rlp.de/fileadmin/mjv/Jumiko/II.18_Entschaedigung_Strafverfolungsmassätze_ohne_Abstimmungsverbindungen.pdf
  4. ↑ Criminal Law Compensation Act in the RIS
  5. ↑ Wrongly in prison: compensation in the millions orf.at, February 25, 2019, accessed February 25, 2019.