ABSTRACT
The modern state liability regime was introduced ten years after the restoration of Lithuania’s independence by the new Civil Code of 2000. Arts. 6.271–6.273 of the Civil Code implement tortious liability of the State for the wrongs done in all spheres of public life, including penal proceedings. Liability of the State for unlawful conviction arises provided these three prerequisites are met: unlawfulness, damage and causal link. Though it is clear that personal fault of the public official is not a condition of liability, the issue whether organizational fault is considered is far less clear. It is widely argued that the liability of the State for unlawful conviction is strict. However, due to the settled case law of the Supreme Court of Lithuania, exculpatory judgment does not automatically mean unlawfulness. This prerequisite may only be established in cases where the person was convicted due to breaches of criminal substantive or procedural law. The only instance where the State is liable without the need to establish unlawfulness or wrongfulness is liability for detention. In the latter case the compensation of limited amount may be paid by the Ministry of Justice in pecuniary damages to the victim for the mere fact of detention if the proceedings resulted in termination of investigation od acquitting decision adopted by the court. Both pecuniary and non-pecuniary damage arising out of unlawful actions may be compensated. Pecuniary damage is assessed in concreto. Non-pecuniary damage is assessed on the basis of entirety of criteria, the most important of which are gravity of the penalty unlawfully imposed, seriousness of the breaches of criminal proceedings and mental suffering of the person. Damage may also be compensated in an extrajudicial procedure which is not compulsory, and the victim may always address the court directly. However, due to the low amounts of damages which may be offered to the victim of wrongful conviction by the Ministry of Justice, the extrajudicial procedure remains unpopular.
