How do I avoid false incarceration
Justice victimInnocent in the Jail: 75 Euro personal injury compensation Per Day
If a person in Germany is innocently in prison, he currently receives compensation of 25 euros per day - regardless of how long the person was in prison. The Federal Council has decided: The daily rate is to be increased to 75 euros - and must now decide how to proceed.
25 euros per day of imprisonment: This is the current amount of compensation for people who were innocent in a German prison. The Federal Council decided today: The daily rate should be increased to 75 euros. The draft law will therefore be submitted to the Bundestag.
Even if a daily rate of 75 euros for a constitutional state is not a particularly brilliant achievement, the daily rate would slowly approach the average net income of the population, says Udo Vetter, lawyer and expert in criminal law. Even if it only happens with difficulty.
"75 euros are still not a glory for a constitutional state."
In 2002 the compensation was 11 euros per day. Nevertheless, when calculating the compensation for pain and suffering, the individual standard of living of the innocent detained person should also be taken into account, he says.
In income tax law, for example, people who earn more also have to pay more tax. It should be similar with the daily rate for victims of justice. Because: if a person had a higher income before their unjustified imprisonment, they also have higher fines due to the time in prison.
"It usually takes three years and nine months to overturn a false conviction, in addition to pre-trial detention. A rate of 75 euros is still better than the previous 25 euros."
The lawyer explains that it takes an average of three years and nine months for a false conviction to be overturned. In addition, there is the time in pre-trial detention.
How many victims of justice there are across Germany is not clear. Because: There are no official statistics on this - justice is the responsibility of the federal states. Udo Vetter estimates that in most federal states there are more than a thousand justice victims per year. Dozens of people would be sentenced to brief pre-trial detention every day - their innocence will only be determined months later.
To sue for higher compensation is tedious
All of them are entitled to compensation, he explains. In addition, victims of justice also have the option of suing for loss of earnings or the like - at least in theory.
"The sums of the compensation are very small. Every cent is turned over."
Because: Complaints of this kind are very difficult, laborious and, above all, exhausting, reports Udo Vetter from his own experience as a lawyer. And then the compensation amounts would be comparatively small. In addition, every lawsuit means a new round in the bureaucracy cycle.
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