LIABILITY FOR DAMAGES DUE TO UNBASED DEPRIVATION OF LIBERTY AND UNBASED CONVICTION IN THE LEGAL SYSTEM OF THE REPUBLIC OF SERBIA

Abstract

The paper investigates the basis of the state's responsibility for damage due to unjustified deprivation of liberty and unjustified conviction in the legal system of the Republic of Srpska. Starting from the general rules of civil law on state liability for damage, we point out the special character of the rule on state liability for damage due to unjustified deprivation of liberty and unjustified conviction, as well as the specificity of the legal nature of the institute of compensation for damages due to unjustified deprivation of liberty and unjustified conviction.
Also, in the paper we analyze some examples from judicial practice. It clearly follows from the work that the Republika Srpska gives primacy to the constitutional character of the right to freedom and security, and the right to compensation for damages to a person unjustifiably deprived of liberty or unjustly convicted is enabled to exercise the right to compensation for damages. However, as required by international standards, the Republika Srpska will have to oblige by statute to compensate for damages if it is a violation of constitutionally guaranteed rights of citizens that can be linked to failures in the work of state authorities. In the continental European legal system, to which the legal system of Republika Srpska also belongs, the right to compensation for damages in favor of an unjustly convicted person is based on the constitution, and is specified through general provisions of civil legislation or through criminal procedural provisions. The fact is that the above-mentioned right has a compensatory nature, but it is more and more prominent, that is, more and more it acquires a punitive character.