The aim of the paper is to conduct a comparative analysis of regulations regarding compensation for wrongful detention on remand in three continental law states - Germany, France and Poland - in order to identify the similarities and differences between the adopted provisions and critically assess their advantages and disadvantages from the perspective of an optimum model of such compensation. Legal regulations regarding compensation for wrongful preliminary detention are matter of crucial importance, because they not only protect the right to liberty, by making the State accountable for its violations, but also strengthen confidence in criminal justice system. If the state is granted power to do justice and that prerogative is be to accepted by individuals, there has to exist an effective mechanism of compensating damages resulting from defective functioning of courts. The significance of the above-mentioned mechanism is visible especially in situations where the deprivation of liberty occurs before the final judgment is passed. In such cases those who are detained are people protected by the presumption of innocence. Wrongful detention of an innocent person is a particularly serious case, calling for a firm and speedy reaction of the State. Analysis of German, French and Polish regulations concerning compensation for wrongful detention on remand includes their brief history, grounds for claiming compensation, exemptions from state’s liability and analysis of procedure allowing to demand compensation. The comparison between two major Western European jurisdictions (Germany and France) and major Central and East European jurisdiction (Poland) indicates that there are remarkable differences between regulations regarding compensation for wrongful preliminary detention. They concern grounds for compensation, exemptions from state liability and, particularly, the mode of claiming compensation. The differences between analysed legal systems justify a critical analysis of adopted provisions in order to establish which model, using the expression of the European Court of Human Rights, best guarantees that the right to compensation for wrongful detention is practical and effective, not theoretical or illusory.
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