There are several ways that you can establish whether there has been a violation of your right to a fair trial and claim compensation:
1.Active use of remedies
You must try to correct an interference to the right to a fair trial by an appropriate means of remedy in criminal trial – a complaint (
sťažnosť in Slovak), an appeal (
odvolanie in Slovak) or an appellate review (
dovolanie in Slovak). The legal grounds for an appropriate submission prescribed by the
Code of Criminal Procedure concern precisely such interventions to your rights. If the court of the second instance confirms that the procedure of the lower court or its judgment was contrary to law, it is possible to claim compensation for the damage caused by such a judgment or conduct of the lower court or even law enforcement authorities.
If you were accused but latter you were acquitted, you can claim damage caused to you in your private or working live by charges that were not proven during your criminal trial, regardless lawfulness of judgment or conduct of the lower court or the law enforcement authorities.
2. Constitutional Court
It may happen that the court of appeal (odvolací súd in Slovak) or the court of appellate review (dovolací súd in Slovak) do not identify a violation of the right to a fair trial. In such a case, it is necessary to seek redress in the Constitutional Court. If it identifies an infringement of your rights, it will in principle award financial compensation.
3. Human rights institutions
You can also apply to special human rights institutions whose task it is to establish whether there has been a human rights violation.
important Each of the national and international human rights institutions has specific functions and powers. Read more about
human rights institutions and see what they can do in your situation.