GENERAL PART

Section One : GENERAL PROVISIONS

CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS

Article 22. Rehabilitation of the Rights of the Persons who suffered from Judicial Mistakes

1. An acquitted person is entitled to rehabilitation of his rights, including the compensation financial damages caused to him in the course of criminal proceedings conducted by the bodies in charge of criminal proceedings. Rehabilitation measures shall be implemented by the bodies conducting the criminal proceedings, in the manner prescribed by this Code.

2. Also, entitled to compensation of inflicted financial damage, is any person who was illegally subjected to forced measures by the body in charge of criminal proceedings.

3. The bodies conducting the criminal proceedings must implement all measures envisaged in this Code for the rehabilitation of the rights of the acquitted person.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 63. The Rights and Obligations of the Suspect

2. 19) to receive compensation for the damage, caused unlawfully by the actions of the body, conducting the criminal trial.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 65. The Rights and Obligations of the Accused

2. 26) to receive compensation for the damage, caused unlawfully by the actions of the body conducting the criminal trial.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 66. The Acquitted

3. The acquitted is also entitled to demand full compensation of the real lost opportunities as a result of arrest, impleading as the accused, and conviction.

4. The acquitted as compensation is entitled to receive:
1) the salary, the pension, allowances, other incomes he was deprived of;
2) the inflicted damage as a result of seizure of property, confiscation by inquest bodies, arrest of property.
3) The paid court fees;
4) The fees paid to the lawyer;
5) The fines paid when the verdict was executed;

5. The amount spent to keep the person in custody, court expenses, and the salary of the detained person for mandatory labor, can not be deducted from the amount which is subject to payment as compensation for the damages caused by the mistakes of the body in charge criminal proceedings.

6. In the case when the criminal proceedings were suspended and criminal prosecution was terminated or acquittal was adopted for lack of formal elements of crime, the compensation of damages envisioned in this Code is done only in the form of civil proceedings, after the resolution of a civil claim.

7. In the case when acquittal or the decisions to terminate the criminal proceedings and criminal prosecution based on which damage was compensated, were canceled, and a guilty verdict was made against the same person in the same case, the amount paid as compensation of damage can be confiscated by the court by reversal of the decision.

GENERAL PART

Section Three: PARTIES AND OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

CHAPTER 8. DEFENDANT PARTY

Article 67. Explanation of the Right to Compensation for Damages to the Acquitted

1. The court, the prosecutor, the investigator, the agency for inquest are obliged to explain to the acquitted the right to compensation of damages.

2. The copy of the court acquittal or the appropriate decision, and the notification explaining the procedure to compensate the damages, after the verdict or decision, within three days are handed to sent to the acquitted. The notification indicates what damage can be compensated by law, within what time and what body must be appealed to for compensation of damage.

3. The compensation of the damage to the acquitted is done through civil proceedings.

4. The explanation to the person of the right to compensation of damages caused as a result of mistake or malfeasance by the body conducting the criminal proceedings, should be reflected either in the record of a certain procedural action taken or in a separate record.