1Whoever is declared innocent by a final decision is entitled to compensation for the precautionary detention served in prison, except in the cases when it is proven that the wrongful decision or failure to discover the unknown fact in due time, is caused, wholly or in part, by the person himself.
2The same right belongs to a convicted person, who has been placed in precautionary detention in prison, when it is proven by a final decision that the act by which the precautionary measure was established, has been issued in absence of the requirements provided for by Articles 228 and 229.
3Provisions of paragraphs 1 and 2 shall also apply in favour of the persons whose cases have been dismissed by the court or the prosecutor.
4When it is proven by a court decision that the act is not provided under the law as a criminal offence, due to the abrogation of the relative provision, the right of compensation is not recognized for the part of precautionary detention in prison served before the abrogation.
EN