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Introduction to the Law of Compensation for Wrongful Detentions and Executions

▍Introduction to the Law of Compensation for Wrongful Detentions and Executions


A person who was prosecuted under the Code of Criminal Procedure, Law of Military Trial or the Juvenile Delinquency Act and whose personal freedom was restricted and infringed under any of the following circumstances may seek compensation from the State pursuant to the Law of Compensation for Wrongful Detentions and Executions:


  1. a person whose personal freedom was restricted before a non-prosecution is issued and finalized, a prosecution is revoked and finalized, a prosecution is dismissed by ruling and finalized, or a final judgment of acquittal is rendered for the reason that the act is not punishable or the suspicion of an offense having been committed is insufficient;

  2. a person whose personal freedom was restricted before a ruling of acquittal, revocation of rehabilitative measure or dismissal of rehabilitative measure is rendered and finalized under a retrial, extraordinary appeal or a trial de novo;

  3. a person whose personal freedom was restricted before the final ruling of “not to hear the case” or “not to take security preservation measure” is rendered for the reason that there is no ground for taking security preservation measure;

  4. a person whose personal freedom was restricted before the final ruling of “not to take security preservation measure” is rendered under a trial de novo for the reason that there is no ground for taking security preservation measure;

  5. the period of detention, detention for expert examination ortemporary detention, or the period of execution of punishment exceeds the period of punishment fixed by a ruling of final conviction;

  6. the period of detention, detention for expert examination ortemporary detention, or the period of execution of punishment or the rehabilitative measure which restricts the personal freedom of a person exceeds the period of punishment or rehabilitative measure fixed by a final ruling under a retrial or an extraordinary appeal;

  7. a person whose personal freedom was restricted due to execution of detention, detention for expert examination, temporary detention, punishment or the rehabilitative measure which restricts the personal freedom of a person without legal grounds

     

  • Release Date : 2020-04-08
  • Update : 2020-04-09
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