How do you challenge the lawfulness of arrest and ask for compensation?
Right to complain
The grounds and procedures for arrest in cases of criminal suspicion are explained in this Guide. There could be situations where the police did not follow these grounds and procedures. In such situations you have the right to complain about the lawfulness of your detention according the Code of Criminal Procedure.
Moreover, when restricted on personal liberty according the Act on Police Force due to the reasons not connected to investigation or suspicion of committing a crime, you must follow administrative procedure under the Act on Administrative Proceedings to complaint about the lawfulness of your arrest.
What can you claim?
The period of arrest, prior to the submission of the request for detention on remand to a judge, can only be a maximum of 48 hours, or (96 hours in case of terrorism or 24 hours if arrested based on the confinement order of a judge). Since the maximum time limit is usually observed by the police, it is not feasible to complain about the unlawfulness of the arrest in order to get released. However, you may request compensation for being arrested unlawfully. In most cases, in order to receive compensation, you should complain about the unlawfulness of the arrest after you have been released or detained on remand.
Compensation
You can also request compensation if you believe that your rights were violated due to the mistreatment by the police.
Read more how to request compensation: