FIRST PART
TITLE V- REMAND ORDERS
CHAPTER V- COMPENSATION FOR UNJUST IMPRISONMENT
Article 268- Application requirements
1. One who is acquitted by a final decision, has the right to be compensated for the time served under pre-detention, except in cases when it is proved that the wrong decision or non discovery in due time of the unknown fact, is caused, wholly or in part, by him.
2. The same right applies also to a convicted person, who has been under pre-detention, when it is proved by a final decision that the decision which assigned the remand order, is issued without complying when the requirements provided for under articles 228 and 229.
3. The provisions of paragraph 1 and 2 are also applicable in favour of the person whose case has been dismissed by the court or prosecutor.
4. When it is proved by a court decision that the act is not provided under the law as a criminal offence, because of the abrogation of the respective provision, the right of compensation is not recognized for that part of the pre-detention time served before the abrogation.
Article 269- Application for compensation
1. The application for compensation must be filed within three years from the date when the decision of acquittal or dismissal became final, otherwise it is not accepted.
2. The amount of compensation and the manner of assessment, and also the compensation in cases of house arrest, are determined by special law .
Compensation - national proceedings
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