Compensation for the damage caused by the errors of prosecutors, public prosecutors and courts. Analysis of judicial practice, problems and prospects

In criminal proceedings, a person who is acquittal of the accused is entitled to compensation from the state. Although this right is realized on the basis of Law no.1545 of 25.02.1998 on the compensation of damage caused by unlawful actions of criminal prosecution bodies, public prosecutors and courts, the jurisprudence of the Supreme Court of Justice finds grounds for compensation of damage only in the case of the existence of the act of rehabilitation of the accused person (order of removal from prosecution or acquittal). Unlawful actions, as specified in the law, do not give rise to a right to compensation, but are taken into account when determining the amount of damages. In order to exclude contradictory interpretation of the legal rules on compensation for the damage of the person rehabilitated in the criminal process, we propose to replace the phrase "unlawful actions” in Law no.1545 with the lexeme "errors".