Institute for compensation of harm for erroneous conviction in foreign countries

The article addresses the mechanism of compensation for erroneous conviction in the USA, Great Britain and Germany. Attention is drawn to the different understanding of the concept of “rehabilitation” in different countries. The ways of obtaining compensation for erroneous conviction in the US states in which there are no laws on rehabilitation are indicated. The article describes the main forms of economic and non-economic compensation provided to wrongly convicted persons in accordance with the legislation of the US states. The main procedural problems of obtaining compensation for an illegal conviction in the United States and the United Kingdom are considered, related to the need to prove that a person has not committed a crime after an acquittal has been passed against him. The special German law on compensation for criminal prosecution measures of 1971 is analyzed in detail: the subjects of the right to compensation, the criminal prosecution measures, the application of which is the basis for the payment of compensation, the procedure and timing of receiving compensation, its content and scope, as well as the circumstances preventing the receipt of compensation, the circumstances entailing the suspension of payment of compensation or its refund. It is concluded that it is necessary to borrow some provisions of foreign legislation in order to improve the system of rehabilitation in Russia.