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g) Where an adjudication of innocence is given to change an original sentence in the retrial in accordance with the procedure for retrial supervision, and the original court sentence of fine or confiscation of property has been executed.
According to the compensation law, the state shall not be responsible for compensation in any one of the following circumstances:
a) where a citizen was placed into custody or assessed a criminal penalty because he has intentionally fabricated a confession or falsified other evidence;
b) where a person, who shall not bear criminal responsibility in accordance with the Criminal Law, was placed into custody (according to the Criminal Law, any person who has reached the age of 16 and commits a crime, shall bear criminal responsibility; any person who has reached the age of 14 but not the age of 16, and commits a crime including intentional homicide, intentional injury causing serious injury or death to person, rape, robbery, drug trade, arson, explosion, shall bear criminal responsibility. If a mental patient creates a dangerous situation at a time when he or she is unable to recognize or control his or her own conduct, he or she shall not bear criminal responsibility.)
c) Where a person, who shall not be prosecuted for criminal responsibility in accordance with the Criminal Procedure Law, was placed into custody. According to the Criminal Procedure Law, in any of the following circumstances, no criminal responsibility shall be investigated:
(1) if an act is obviously of minor importance, causing no serious harm, and is therefore not deemed as a crime;
(2) if the limitation period for criminal prosecution has expired;
(3) if an exemption of criminal punishment has been granted in a special amnesty decree;
(4) if the crime is to be handled only upon complaint according to the Criminal Law, but there has been no complaint or the complaint has been withdrawn;
(5) if the suspected offender is deceased;
(6) if other laws provide an exemption from investigation of criminal responsibility;
d) personal acts and powers of detection, prosecution, adjudication and administration of prison, which do not relate to the exercise of the said functions and powers;
e) intentional damage resulting in self-inflicted injury;
f) other situations as provided for by law.
Organ for Compensatory Obligations
Organ for administrative compensation
The obligatory organs for administrative compensation, according to compensation law, include the following:
a) Administrative organs and their personnel that infringe upon the lawful rights and interests of a citizen, a legal person, or other organization, causing damage when exercising their administrative functions and powers, the administrative organs shall be responsible for fulfilling compensatory obligations;
b) Administrative organs that infringe upon the lawful rights and interests of a citizen, legal person, or other organization, and cause damage when exercising their joint administrative functions and powers, shall be the organs under joint compensatory obligations.
c) An organization authorized by law that infringes upon the lawful rights and interests of a citizen, legal person or other organization and causes damage when exercising its authorized administrative powers, shall be the organ under compensatory obligations.
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