Aspects of compensation for non-pecuniary damage caused by illegal criminal prosecution with a focus on the extrajudical procedure of the Ministry of Justice of the Czech Republic

Abstract

Injured parties as a result of an illegal criminal prosecution can claim compensation from the state for the non-pecuniary damage. Before filing a lawsuit in court, they file their claims with the Ministry of Justice of the Czech Republic, which was supposed to assess their applications not only in accordance with legal regulations, but also with decision-making practice. The aim of the article is a brief evaluation of the current practice of non-property compensation for injured parties and at the same time proposing changes that could contribute to strengthening the legal certainty of injured parties and a more effective procedure for the adjustment of legal authorities.