In the event of wrongful conviction or false imprisonment, the injured party has the right to bring a claim for damages against the State, as the State is objectively responsible for the actions of its authorities. Unjustified deprivation of liberty includes wrongful imprisonment, in the case of police and judicial detention, in the case of remand in custody or in the case of house arrest.

However, all four conditions for liability for damages must be met for compensation to be payable: tortious conduct, intolerable damage, causal link and liability.

Article 30 of the Constitution of the Republic of Slovenia provides that anyone who has been wrongly convicted of a criminal offence or unjustly deprived of liberty has the right to rehabilitation, compensation for damages and other rights under the law. It follows that liberty is a constitutionally guaranteed human right, which the State may not interfere with unless the rights of others cannot be protected in another appropriate way.

538. Article 538 of the Criminal Procedure Act (hereinafter: (538) of the Criminal Procedure Act (the “CCP”) provides that a person who has been finally sentenced or found guilty and whose sentence has been remitted is entitled to compensation for damages resulting from wrongful conviction, subsequently, in respect of an extraordinary remedy, the new proceedings were finally discontinued or he was acquitted of the charge or the charge against him was dismissed by a final judgment or the charge against him was dismissed by a final decision, except in the following cases:
– if the proceedings have been discontinued or the judgment dismissing the charge has been delivered because the prosecution is no longer admissible because the defendant is guilty of the offence of limitation of prosecution, or because in the new proceedings the injured party, as prosecutor or private prosecutor, has withdrawn from the prosecution, or because the injured party has withdrawn his or her plea, and the withdrawal or withdrawal has been effected by agreement with the accused
– where the decision in the new proceedings dismissed the indictment on the ground that the court lacked jurisdiction and the prosecutor who was entitled to prosecute initiated the prosecution before the competent court.

However, a convicted person has no right to compensation if, by his or her guilty plea or otherwise, he or she intentionally caused his or her conviction, unless he or she was forced to do so.

Furthermore, Article 539 of the CCP provides that the right to compensation for damages shall be time-barred within three years of the final judgment acquitting or dismissing the accused at first instance, or within three years of the final judgment dismissing the indictment or discontinuing the proceedings at first instance; or, if the appeal has been decided by the High Court, within three years of the receipt of the High Court’s decision.

Before bringing an action for damages before a court, the beneficiary referred to in the preceding Article shall, at his request, apply to the State Bar to agree with it on the existence of the damage and the nature and amount of the compensation, in accordance with the provisions on preliminary proceedings laid down in the law governing the State Bar.

If the request for compensation is not granted, or if the State Attorney’s Office and the beneficiary referred to in Article 538 of this Act do not reach an agreement within three months of the request, the beneficiary referred to in Article 538 of this Act may bring an action for compensation before the competent court. If an agreement has been reached on only part of the claim, he or she may bring an action for the remainder. The action for damages shall be brought against the Republic of Slovenia.

Thus, the State Lawyer’s Office is the primary authority to decide on the amount, and it is the State Lawyer’s Office that decides on the amount. The Commission of the State Bar primarily takes into account the length of the deprivation of liberty and the case-law of the courts themselves, which have already awarded financial compensation in similar cases in the past.

If the individual agrees to the amount offered, the procedure is closed; otherwise, he or she must bring an action against the State to claim appropriate compensation.

Pursuant to Article 546 of the CCP, a person who, as a result of an unjustified conviction or unjustified deprivation of liberty, has ceased to have an employment relationship or to be insured under a social security scheme, or who has been prevented or delayed from taking up employment which would otherwise have been the case, shall be credited with the period of employment or insurance as if he or she had worked during the period lost as a result of the unjustified conviction or unjustified deprivation of liberty. The period of unemployment resulting from the wrongful conviction or wrongful deprivation of liberty shall also be included in that period, provided that it was not her fault.

As can be seen, persons can suffer harm as a result of a violation of criminal procedure. Damage can be both material and non-material. Material damage includes, in particular, the loss of income suffered by a party, while non-material damage includes the mental anguish suffered by a party as a result of wrongful deprivation of liberty or wrongful conviction.