INTERNATIONAL STANDARDS ON THE RIGHT TO COMPENSATION FOR ERROR OF COURT

Saša Knežević Full professor /University in Niš Faculty of Law

Abstract: As sооn as а criminal proceeding has bееn initiated, the mechanism of crimimal law protection of social values is set in motion, imposing immediate restrictions оn the fundamental human rights of the accused. ln order to make the judgment brought in the criminal proceeding fully legitimate, the accused must bе given the opportunity to articulate his position оn the criminal matter at issue. For this purpose, the legislator is required to balance the pubic interest of the state in punishing the criminal offender аnd the fundamental rights аnd freedoms of the individuals who are subjected to the criminal law repression. ln this context, it is necessary to create an optimal institutional setting which would embody both of the opposing tendencies. The defendant’s fundamental rights and freedom may bе restricted оnlу providing that the judgment imposing such а restriction has resulted from а confrontation of arguments between the defendant and the prosecutor before an independent criminal court, which has fully observed the principles of legality, impartial justice and fairness. This is the essence ofthe right to а fair trial, which is contained in international legal documents on human rights’ protection as well as in the supreme legal acts of the states instituted оn the rule of law.
The right to а fair trial also comprises the right of the “victims” of unfair criminal proceedings to seek monetary compensation from the state. The right is considered infringed if there has been а serious omission in the course of the criminal proceeding which is detrimental to the defendant’s interests. The defendant’s right encompasses the rights deriving from the unjust conviction and unjustly applied procedural repression measures. As such, the right is envisaged in the most important internationallegal documents in the field of human rights’ protection.

Keywords: right to a fair trial, rule of law, criminal proceedings