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Compensation for more than 2600 days in detention

If there is a risk that a suspect will flee or destroy possible evidence of a crime, they can be sent to prison. Even without a conviction. If this turns out to be unjustified, the state is asked to pay.

A watchtower at Moabit Prison (JVA) is surrounded by a security fence. Photo.aussiedlerbote.de
A watchtower at Moabit Prison (JVA) is surrounded by a security fence. Photo.aussiedlerbote.de

Justice - Compensation for more than 2600 days in detention

Last year, the Berlin justice system compensated 35 people for a total of 2,624 days in prison. A total of 196,800 euros was paid to those affected in 2022, as the Senate Justice Administration informed the German Press Agency. Most of those affected were remanded in custody before they were found to be innocent or there was insufficient evidence of a crime.

The length of time that the people concerned spent behind bars varied greatly, according to the information. In the minimum case, it was 4 days, in one individual case it was 393 days. 75 euros are paid for a day in prison, which is regulated nationwide.

Figures for 2023 were not yet available according to the justice administration. According to previous figures, 54 people received compensation totaling 520,000 euros in 2021 - for a total of 6936 days in detention.

The justice authorities emphasized that the payment does not allow any conclusions to be drawn about the illegality of measures. Even in the event of a conviction, compensation could be paid - for example, if the time spent in pre-trial detention exceeds the actual prison sentence.

As in the previous year, in 2022 there was not only money from the justice system for wrongful imprisonment. A total of around 67,190 euros (2021: around 31,280 euros) was paid out for legal fees and confiscated items. According to the justice administration, the amount paid to those affected as compensation ranged from 36 to 21,000 euros.

§Section 7 (3) StEG

Read also:

  1. The turn of the year often brings new discussions in the German Press Agency about the penalties and potential compensation in the German penal system, as the length of detention without conviction can lead to substantial financial compensation.
  2. After reviewing the Berlin justice system's records from 2021, it was revealed that 54 individuals received compensation totalling 520,000 euros for over 6,936 days in detention, highlighting the importance of this issue in the German legal system.
  3. In Berlin, the justice system continues to emphasize that compensation for wrongful imprisonment does not imply guilt, and sections like §7 (3) StEG provide a legal framework for such cases, thereby ensuring justice for those affected.

Source: www.stern.de

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