| Abstract [eng] |
Provisions of state's liability in the cases of damage resulting either from unlawful conviction, or unlawful arrest, as a measure of suppression, as well as from unlawful detention, or application of unlawful procedural measures of enforcement, or unlawful infliction of administrative penalty - arrest - are contained in Article 6.272 part I of the Civil Code. This provision is the legal basis for many lawsuits that are submitted to Lithuanian courts. Therefore, the proper interpretation of the provisions provided by the law in court practice is the main guarantee for the aggrieved person to receive just compensation for the damage. The analysis of courts' practice of late years reveals that the concept of unlawful actions has been broadened. The list of actions envisaged in Article 6.272 part I of the Civil Code is not finite. The decision of lawfulness or unlawfulness of actions in a civil case while analyzing existence of right to the compensation of damage in accordance with Article 6.272 part I of the Civil Code is taken irrespective of the fact whether the aggrieved person lodged a complaint of particular procedural decision in criminal or administrative proceedings. The decision, by which the person has been acquitted, is not a presumption to declare in a civil case that the whole criminal proceedings, as well as certain actions of officers in pre-trial investigation, were unlawful. Court's practice stipulated that in case of the breach of "reasonable time" requirement the lawsuit based on Article 6.272 part I of the Civil Code is considered a proper remedy. Taking into account the fact that courts' practice has extended the scope of states' liability in case of unlawful actions of officials of pre-trial investigation, a prosecutor or court, the author endorses the draft law on the amendment of Article 6.272 of the Civil Code as it foresees that hearings of all cases, when considering the compensation of damage caused by unlawful actions in criminal or administrative proceedings, would take place in the courts of general competence instead of administrative courts. |
