COMPENSATION FOR WRONGFUL CONVICTION AND DEPRIVATION OF LIBERTY IN COMMON LAW LEGAL SYSTEMS

Abstract

The paper analyses the institute of compensation for wrongful conviction and deprivation of liberty in the common law legal systems. It points to the basic difference in approach between common law legal systems and civil law legal systems laws on this issue, where the common law regimes are much more restrictive. It analysed the specifics of the rules on compensation for damages in common law, which can have a negative impact on eligibility for damages to wrongfully convicted persons. The paper specially investigated under which conditions it is possible to achieve compensation for wrongful conviction from the state, as a rule, in the regime of non-legally binding payments, and, exceptionally, in a separate legal regime established by law.