Cases in which compensation may be granted

In principle, any person who has undergone damage due to a pretrial detention or a house arrest with electronic monitoring unjustified may apply for compensation.

Pre-trial detention and detention are considered to be unjustified when they are followed by:

• Order of non-suit

• Decision of relaxation become definitive

• Decision of acquittal has become definitive.

Cases in which compensation is automatically refused

In certain circumstances, the pretrial detention or the house arrest with electronic monitoring remain justified even though you haven't been convicted. Thus, claims for compensation are automatically refused.

These include cases where:

• You weren't convicted just because you were convicted criminally irresponsible
• You were not convicted because you received a amnesty following your detention on remand or under
• You have been remanded in custody or detention only because you have willfully accused yourself or allowed yourself to be falsely accused in order to avoid the real perpetrator being convicted
• At the time of your remand, you were also in prison for another cause
• You were not convicted because, after your release, the offense was prescribed.Limitation periods

Nature of the damage caused by unjustified pre-trial detention or ARSE

The payment of compensation is used to repair damage which you have suffered during your deprivation of liberty.

It can be a material damage which includes in particular:

• Loss of wages or income
• Loss of opportunity (for example, loss of opportunity to have a job interview)
• The transportation costs incurred by your family to visit you in detention.

In addition, the compensation shall cover the non-material damage which includes, in particular:

• Family distancing (e.g. separation of a father from his newborn)
• The birth of a child during detention
• Conditions of incarceration (e.g. overcrowding).

Assessment of the harm caused by unjustified pre-trial detention or ARSE

If you want to have the damage assessed, you can ask for a forensic expertise to the first president of the court of appeal competent authority on which the criminal jurisdiction or the examining magistrate who made the decision dismissal, discharge or acquittal.

That request has to be made before any claim for compensation : we are talking about a expert's report.

The first president of the Court of Appeal appoint an expert which must answer all the technical questions specified in its decision.

The expert's findings must be attached to your claim for compensation.

Claim for compensation

To obtain compensation for the damage caused by the pretrial detention or the unjustified, you must address a request to the first president of the court of appeal on which the criminal jurisdiction or the examining magistrate who has pronounced the decision of non-suit, discharge or acquittal.

From the beginning of the procedure, you must be assisted by a lawyer. In case of limited financial resources, you can request the'legal aid.

The request takes the form of a request signed by you and your lawyer.

In your query, you must specify the following:

• Statement of Facts
• Amount of compensation claimed
• Particulars relevant to the examination of the application (date and type of court order given, the court that gave the decision and the address to which it is possible to send you a notification)
• Supporting documents and evidence (e.g. a copy of the decision to dismiss, discharge or discharge).

This request must be submitted to the court of appeal registry competent in a time limit of 6 months from the date of decision dismissal, discharge or acquittal become definitive.

It may be:

• Delivery directly to the Registry, against receipt
• Sent by registered letter with request for notification of receipt.

Decision of the Court of Appeal hearing the claim for compensation

The decision of the first President of the court of appeal intervenes at a public hearing (unless you object).

You don't have to come to this hearing. On the other hand, the presence of your lawyer is mandatory.

The first president of the Court of Appeal makes a reasoned decision that is notified :

• Or by giving a copy against receipt (if you are present at the hearing)
• Either by registered letter with request for notice of receipt (if you are absent from the hearing).

The first President of the Court of Appeal may decide to award you compensation for the harm you have suffered in your request.

They may also reject one or more of your claims or grant you less compensation than you requested.