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Pravni fakultet Univerziteta u Nišu , Niš , Serbia
Fakultet pravnih nauka Panevropskog univerziteta APEIRON u Banjoj Luci , Banja Luka , Bosnia and Herzegovina
No matter how hard the legislator tries to predict the perfect criminal proceedings, in practice, it often happens that a person is groundless (unjustly) convicted, or that in such a case there is groundless apprehension of a person. In this way, their unfounded detention certainly violates basic human rights and freedoms of the people and causes considerable damage to them. It often triggers the question: is it possible to remove this damage? However, in order to eliminate the damage (tangible and intangible) that may occur as a result of an unjust conviction or groundless deprivation of liberty of a person, the Constitution of the Republic of Serbia and the Code of Criminal Procedure of the Republic of Serbia from 2011 have determined the right to compensation. Based on the constitutional provisions, the Code of Criminal Procedure from 2011, in Part XXV (provisions of Articles 583-595), envisages a special kind of criminal procedure - the procedure for obtaining the rights of persons groundless detained or groundless convicted. In this paper, we will talk about exactly these legislative solutions.
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