Judgment No. 20255 of 2023: Right to Reparation for Unjust Detention

Judgment No. 20255 of January 12, 2023, issued by the Court of Cassation, addresses a matter of great importance in the context of European criminal law: the right to reparation for unjust detention. This ruling provides important clarifications on the conditions necessary for an individual to benefit from this right following the issuance of a European arrest warrant.

Context of the Judgment

In the specific case, the Court examined the request for reparation by an individual unjustly detained due to a European arrest warrant. The central issue concerned whether an irrevocable judgment of acquittal of the detained person in the country that issued the warrant was necessary for the recognition of the right to reparation.

Execution of a European arrest warrant – Right to reparation for unjust detention – Configurability – Conditions – Irrevocable judgment refusing surrender – Sufficiency. For the recognition of the right to reparation for unjust detention suffered as a result of the issuance of a European arrest warrant, it is not necessary for an irrevocable judgment of acquittal of the detained person to have been issued in the issuing State, nor is the judge responsible for reparation required to verify the existence of conditions for issuing a judgment favorable to surrender; it is sufficient that an irrevocable judgment refusing surrender has been issued.

Implications of the Judgment

The Court clarified that, for the recognition of the right to reparation, a judgment of acquittal in the country that issued the European arrest warrant is not necessary. An irrevocable judgment refusing surrender is sufficient. This principle is fundamental to protecting individuals' rights and ensuring they do not suffer unjust detention without the possibility of obtaining compensation.

The practical consequences of this judgment are significant. Indeed, it establishes an important precedent, simplifying the procedure for those who have unjustly suffered detention. The Court further emphasized that the judge responsible for reparation is not required to verify the conditions for a judgment favorable to surrender, thereby further reducing bureaucratic requirements.

Conclusions

In summary, Judgment No. 20255 of 2023 represents a step forward in protecting the rights of individuals involved in international criminal proceedings. It reaffirms the importance of the right to reparation for unjust detention and clarifies that the mere existence of a judgment refusing surrender is sufficient to activate this protection. This approach not only makes justice more accessible but also reflects a commitment to a legal system that is fairer and more respectful of human rights.