In this article I would like to set up a guideline for you if you do not know how much you can ask from Justice after an improper detention. When calculating damage, always settle in your favor and round off the amount to round numbers. Never pay symbolically because in the future you will have annoying conversations with people who happen to want to guess the amount you do not want to tell.
Always make sure to contact an accountant for one accountant’s report. In his or her calculation we will calculate intangible costs, and I will make a neat comparison below to keep it simple for you.
|Working week||70 hours, over 6 days a week|
|Hourly rate employee *||€ 15,-|
|Total loss of salary||€ 1050,-|
|Spread over 7 days||€ 150,-|
|Smarts-money detention||€ 20, –|
|Consumptions in prison||€ 2, –|
|Total per day||€ 172,-|
* We charge a gross wage in this calculation with one daily rate.
The start date is always from the moment you enter the police cell. The end date is until the release at the police or prison. From day 1, you calculate the damage until 0:00, and then the next day until 0:00, and so on. And until the acquittal is a fact and you are released.
No rights can be derived with this formula(s) and are indicative to give you an idea of the amount if you have been improperly imprisoned per day. It is up to you to decide whether this is a good amount. And you actually have a blank check at Justice. A judge can deviate from the amount of the damage if there is no valid auditor’s report. Usually with one accountant’s report, your claim is not difficult because you do business with an accounting firm.
If one family member dies, you are also entitled to grief on a case-by-case basis if you were unable to attend the deathbed and the funeral or cremation during detention. This also applies if you have been convicted. You must be able to demonstrate one proof of this by means of a court decision, and one proof of death of the Municipality where the deceased resided.
|1st degree | Father, Mother & Child(ren)||€ 12,000|
|2nd degree | Grandpa, Grandma & Grandchild(ren)||€ 5,000|
Contact your lawyer if you want to settle your claim through the lawyer. You can also send a letter to the head of state yourself, then the head of state will act as a lawyer by sending your letter to the Justice Department. Preferably first without your claim amount and later with a second letter to the Ministry of Justice with your claim amount if you have been assigned a file number.
Keep in mind that this whole procedure can take 1 year at best, and there is no guarantee that you will get the money too. This is because there are clauses and legal provisions that may prevent you from receiving money. While money is a great commodity, and you are fully entitled to it as an acquitted person, according to the undersigned.
Surviving relatives can also apply for compensation if this has not previously happened within the statutory period if the acquitted person has died. Always report a death if the procedure has been started with Justice and you know the file number.