CLAIMS FOR DAMAGES FOR UNFAIR DETENTION IN ITALY: PREREQUISITES
Subjects whoare entitled to obtain a compensation include:
CLAIMS FOR DAMAGES FOR UNFAIR DETENTION IN ITALY: PROCEDURE
Whoever has suffered an unfair detention in Italy has a real right to obtain compensation.
A decision about the application will be taken by the Court of Appeal with a procedure in Chambers.
Any application related to an unfair detention in Italy must be filed (on penalty of inadmissibility) within two years:
- from the day on which the judgment of acquittal or conviction became irrevocable;
- since the decision to withdraw the proceedings has been notified to the person concerned.
According to Article 315 of the Code of Criminal Procedure, the amount of compensation cannot exceed the sum of 516,456.90 euro.
In the event of the death of the person who has been unfairly detained, the compensation will be received by the spouse, descendants and ascendants, brothers and sisters and relatives within the first degree and persons linked by an adoption to the dead person.
COMPENSATION FOR UNFAIR DETENTION IN ITALY: RECOVERABLE DAMAGES
Familiar and personal consequences deriving from an unfair detention can be heavy for a person.
It is admitted the compensation for non-pecuniary damages in the form of moral damage (moral and psychological suffering), biological damage, seen as the impairment of the psychophysical health of the subject and the existential damage (consisting in the change of his familiar relationships).
Also the compensation for financial damage is admitted.
Lastly it has been recognised also the right to be reintegrated into employment to the person who has been dismissed and then acquitted in a final judgement,or notified with a decision do not proceed to judgement or to withdraw the proceedings.
Have you suffered a damage from an unfair detention in Italy? Would you like to obtain justice? Please contact us to receive advice.