Náhrada újmy způsobené nezákonným stíháním za přestupek
Compensation for Damage Caused by Unlawful Prosecution for an Offence

Summary/Abstract: This text deals with the topic of the liability of the state for the damages caused by unlawfully conducted misdemeanour proceedings. This issue is not elaborated in the literature often, therefore the authors of the text aim to analyse its selected aspects in more detail. The prosecution for an offence constitutes a criminal charge within the meaning of Article 6(1) ECHR and is effectively on the same level as a criminal prosecution. Where a person is charged with either a criminal offence or a misdemeanour, and such proceedings have been conducted unlawfully, i.e., have not resulted in a final conviction or a final decision of an administrative authority, it is clear that such a person may have suffered harm as a result of the unlawful conduct of the public authorities. In the case of misdemeanour proceedings, unlike criminal proceedings, it has long been out of the question for the courts to award damages. A breakthrough came only in 2019, when the Constitutional Court admitted that even in the case of unlawful prosecution for an offence, the accused is entitled to compensation for damages, and only in certain circumstances, in which the Constitutional Court has not commented in detail. The authors of this text therefore focus in more detail on the question of in which cases and under what conditions a person unlawfully prosecuted for an offence is entitled to compensation for damages or non-pecuniary harm, in particular, on the basis of an analysis of case law. The aim of the text is to capture the decision-making practice of the courts and to analyse the arguments of the national courts in more detail.

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