Amount of compensation for imprisonment

Amount of compensation for imprisonment

Have you been wronged and want to know how to compensate for the imprisonment that you unjustly received? In order to protect citizens and fully restore their rights and dignity, Saudi law has regulated safe methods that ensure that people who have been imprisoned without legal justification receive all necessary and appropriate compensation for the damages they have suffered, whether psychological, material or social damages. However, this requires the availability of a set of conditions and the implementation of several steps that we will follow together carefully.

If you would like to know the compensation for imprisonment in the Saudi system and all the other details related to the matter, you can immediately contact Abdul Majeed Al Rashid Law Firm and Legal Consultations, as it is considered the best specialist in this field and through it you can obtain all the necessary compensation at the hands of a professional team with extensive experience and superior skills.

What is a prison compensation claim?

A prison compensation claim is a claim resorted to by many people affected by wrongful arrest, unlawful pretrial detention, or the lack of sufficient evidence for conviction and imprisonment. This is guaranteed by the Criminal Procedure Code, enabling the accused, after proving his innocence, to demand compensation and fully recover his material and moral rights, helping him live a dignified and healthy life among his family members and society.

Reasons for filing a prison compensation lawsuit

Of course, feeling wronged is one of the worst things a person can be exposed to, especially since this injustice did not affect the person’s being and psychological and social state on its own, but rather the effect extends to include all members of his family and relatives. Therefore, filing a lawsuit for compensation after imprisonment and then acquittal is a lifeline for anyone who wants to recover his various rights. Among the most important reasons for filing this lawsuit, we mention:

• Issuing a prison sentence even though the crime is not one of the major crimes requiring arrest, with no interest in investigating this matter.
• The investigator exceeded the regular period of suspension or imprisonment by up to 180 days after the extension period without any legal or legitimate justification.
• Deliberately plotting and harming the accused by filing a lawsuit against him without any evidence.
• There was not enough evidence for arrest and imprisonment, yet imprisonment was ordered and the case was referred.
• The accused was subjected to physical, verbal, or psychological violence during imprisonment and mixing with criminals.
• If the prisoner suffers a significant financial loss and incurs significant costs, including loss of income or the need to receive treatment as a result of this event.
• The prison term continues for a long time until innocence is proven, and examples of this include issuing a ruling actually convicting the accused and subjecting him to unlawful imprisonment until his innocence is proven.
• The moral damages suffered by the accused, such as the inability to confront and deal with family and relatives, are among the reasons that enable the wronged person to file a lawsuit for compensation for imprisonment.

Compensation for imprisonment at the Board of Grievances

What is the Board of Grievances? It is the judicial body competent to consider lawsuits filed by those harmed by government decisions, including compensation lawsuits after imprisonment. It is worth noting that any person who has been wronged and imprisoned without sufficient justification has the right to file a lawsuit with the Board of Grievances to demand compensation for the damages he has suffered, after his innocence has been proven and established.

However, it should be noted that a set of legal requirements must be met to file a claim for compensation for imprisonment with the Board of Grievances. These include evidence proving false or unnecessary imprisonment, including a decision of acquittal or a decision to overturn the sentence issued against the accused, in addition to the submission of documents detailing the damages suffered by the accused as a result of such imprisonment.

It should be noted that the court competent to file a compensation claim is the same court that heard the adjudicated claim. For those wondering about the amount of compensation awarded by the Board of Grievances courts, you should know that there is no uniform compensation value, as the matter varies from one case to another depending on the damage caused.

Compensation for imprisonment in the Saudi system

Illegal imprisonment entitles you to compensation under the Saudi system, as guaranteed by the Saudi legal system, but under a number of conditions, including:

• The convict is proven innocent before the court after the prison sentence is executed.
• Proving that the imprisonment was carried out illegally and that there were violations of the criminal procedure system followed in Saudi Arabia.
• In the event that it is stated that the claim is baseless.
• Completion of investigations and proof of the accused’s innocence before the judiciary.
• The case must be filed before the competent court that heard the original case from the beginning.

The value of compensation for unjust imprisonment

Of course, the value of compensation varies from one accused to another. The damages suffered by each wronged individual certainly do not correspond to others. Not only that, but the damages suffered by the prisoner are not only financial, but there are also moral damages for which the accused deserves compensation. Whether the damages are financial or moral, we can address each of them as follows:

Financial compensation

The most prominent compensation that the accused seeks is material compensation for imprisonment, especially in the event that he incurs huge financial losses as a result of imprisonment. Material compensation in this case is compensation for the damage caused to the prisoner from financial loss that can be estimated at a fixed and specific financial value. Among the financial damages for which the accused can be compensated, we mention:

• Loss of money or loss of the ability to work and earn, including loss of a job.
• Medical costs and expenses after his release from prison.
• Loss of realized financial profits.
• The attorney’s fees he paid and incurred during the original case to defend himself and prove his innocence.

Moral compensation

We all know the extent of the psychological and social suffering that the accused suffers in the event of being imprisoned. Not only that, but in addition to that, this type of harm negatively affects the prisoner and everyone around him as well, without affecting him alone. This may reach a level that far exceeds the material harm caused to all of them.

Therefore, after his acquittal, the prisoner has the right to demand compensation for imprisonment of the moral type, which is compensation for the psychological or social damages resulting from imprisonment that cannot be estimated at a specific financial value, but on the other hand, they affect the life of the person and the psychological comfort of him and his family. The moral damages that can be compensated for include the following:

• Feeling insulted, belittled, or losing dignity.
• Restriction of freedom and the resulting psychological pain, sadness, fear and anxiety.
• Defamation and defamation.
• Depression, anxiety and psychological disorders.
• Depriving him of his family and relatives and being cut off from them.

And other damages that the prisoner is exposed to as a result of harming the body, freedom, honor, reputation, or social status, and it should be noted that whatever type of compensation you wish to obtain, you must contact the Abdul Majeed Al Rashid Law Office to obtain your full rights and the necessary compensation in record time.

How to calculate the amount of compensation for imprisonment

When someone is unjustly or accidentally imprisoned and then acquitted, the idea of filing a compensation lawsuit after acquittal and release from prison comes to mind. At this time, the person wonders about the amount of this compensation, but every person looking for an answer to this question should take into consideration that the amount of compensation is not specified by the system as a specific financial amount While the amount of compensation varies from one case to another depending on the harm suffered by the convict and the length of imprisonment he spent or executed.

It is worth noting that there are a set of criteria that are used to determine the amount of compensation after imprisonment, which are:

• The amount of material damages and losses suffered by the convict, including loss of employment, disruption of interests and other financial damages and costs.
• The longer the prison term served by the convict, the greater the amount of compensation for imprisonment, due to the longer period of restriction of his freedom.
• The type of moral and psychological damage caused to the reputation of a person, his relatives and family members among the members of the society around him.
• Similar previous rulings are taken into consideration to assess the accused’s position and the amount of appropriate compensation for him after imprisonment.

To obtain the largest material and moral compensation, you must contact Abdul Majeed Al Rashid Law Firm and Legal Consultations.

Compensation for imprisonment

Compensation for imprisonment in the criminal procedure system

We can facilitate the topic of compensation for imprisonment in the criminal procedure system and list its details by dividing it into two main axes: the terms of the lawsuit and the competent authority. This is as follows:

Conditions of the lawsuit

Would you like to know the conditions of the case in the Criminal Procedure Code? It is worth noting that there are 3 conditions for filing a lawsuit, which are the same pillars necessary to file a lawsuit, which are represented by three elements:

• The error element is the error that occurred while taking the correct and systematic procedures in the lawsuit.
• The element of damage, which is represented by the accused being injured with certain determination as a result of an error in judgment, and these damages may be material or moral.
• The causal relationship between error and damage, which is the relationship between the established error and the subsequent damages to the accused, and this means that the damage results from the prosecution’s error and not for any other reason.

Hence, investigating these pillars imposes the validity of the compensation claim against the prosecution, as it is based on valid documents from Sharia or the system and is considered while estimating the appropriate compensation for the accused.

Competent authority

As we mentioned previously, the authority competent to compensate for imprisonment, which is specified by the Code of Criminal Procedure, is the competent court to which the original case was submitted, meaning that the criminal court was the one that began examining the original case and also ruled that the conviction was not proven.

Defenses that the Public Prosecution usually maintains in prison compensation claims

In compensation cases, the issue is not limited to the prisoner’s rights alone. Rather, there are defenses that the prosecution adheres to when filing such lawsuits against the defendant. These defenses include:

• What the jurists have decided regarding the permissibility of imprisonment for an unknown person until his secret is exposed.
• The presence of the accused in the place of suspicion, and the charge does not necessitate the issue of compensation, but rather it necessitates reinforcement.
• If conviction is not proven in criminal cases, this does not require financial compensation.
• That the prosecution used its authority correctly and without arbitrariness.
• There is no evidence of maliciousness from the prosecution. Furthermore, he is a public legal entity whose purpose is to file a public lawsuit to achieve justice, maintain security, and protect society.
• The ruling did not explicitly declare the investigation procedures invalid or the integrity and regularity of the parliamentary procedures invalid.
• The prosecution’s primary role is neutral, seeking the truth, and this is its first and last goal.

Not only that, but there are other defenses that the prosecution relies on to reject the prison compensation claim, and in this case, a specialist must be relied upon to reach the best results as quickly as possible, and the Abdulmajeed Al Rashid Law Firm is considered the most prominent specialist in the field and filing compensation claims, so you must communicate and rely on the most skilled lawyers with High competencies and skills.

How do I file a prison compensation lawsuit?

By relying on the Abdul Majeed Al Rashid Law Office, you can file a prison compensation lawsuit through the Ministry of Justice’s Najiz platform, through a number of steps, including:

• Log in via the Najiz platform through the National Unified Access Account.
• Click on Select Judiciary.
• Access the lawsuit newspaper service.
• Click on the new order icon.
• Choosing the classification of the case, which is criminal.
• Fill in the required data for the parties to the lawsuit.
• Determine the circuit that issued the non-conviction ruling.
• Attach supporting documents to the lawsuit.

What is the difference between compensation for imprisonment and pretrial detention?

There is no doubt that there is a difference between compensation in each of the two cases, whether imprisonment or pretrial detention, and this is what we can list and address as follows:

Compensation for pretrial detention

In this case, compensation is awarded for pretrial detention prior to the issuance of the judgment. This compensation results from the investigator’s overstepping of the suspension and investigation procedures or the lack of sufficient evidence to warrant the accused’s imprisonment, as well as the continued detention without any legal or regulatory justification. Therefore, compensation for pretrial detention is the result of the investigator’s error.

Compensation for imprisonment

This type of compensation is provided after the court has issued a ruling that the accused has not been convicted. It is based on correcting errors in the ruling and compensating the convict for all damages incurred as a result of imprisonment, whether material or moral.

It is worth noting that compensation for imprisonment results from an error on the part of the investigator, from the beginning of referring the case to the department’s error in issuing the ruling that was not based on sound foundations. Although the error on the part of the department is proven, there is a rule that stipulates that what is unforgivable in the beginning must be forgiven in remaining, and this means leniency and tolerance in maintaining imprisonment. In other words, remaining is easier than starting This justifies filing a lawsuit against the Public Prosecution without the department bearing responsibility for the imprisonment.

Amount of compensation for imprisonment

Compensation for imprisonment is a fundamental right guaranteed by the Saudi system and law. Whether these damages are material, such as property damage, loss of funds, or even additional costs and attorney fees, or moral damages, including feelings of humiliation, contempt, loss of dignity, or restriction of freedom, resulting in psychological pain, sadness, fear, and anxiety, as well as defamation and distortion of reputation.

Frequently Asked Questions

What are the requirements for filing a claim for compensation after imprisonment in the Saudi system?

These requirements include proving the accused’s unjust imprisonment, providing evidence that proves his innocence and demonstrates the damages he suffered as a result of the imprisonment, in addition to providing supporting documents.

When is the best time to file a compensation claim?

A final acquittal or proof that the imprisonment was a judicial error or unjustified should be obtained.

How much is compensation for unjustified imprisonment?

The value of compensation varies according to several criteria, including the length of imprisonment, the type of damage caused to the accused, as well as the extent to which imprisonment affects the person convicted.

What are the conditions for filing a lawsuit?

These conditions are that there is an actual legal error, proof of damage must be submitted to the competent authority, and that the application must be submitted within the legal period.