North Cyprus Law | Compensation For Failed Indictment

North Cyprus Law | Compensation For Failed IndictmentQu. Can you be compensated for Criminal and Civil proceedings or actions taken against you?

Once you have been acquitted by a TRNC District or Assize Court from any charge or indictment which has been taken against you, you can take legal (Civil) proceedings or in other words file a law suit to the court, against the prosecution which would mean the TRNC Attorney-General’s Office and/or the Police etc and/or anybody responsible for this civil wrong against you and claim for damages and/or compensation. The law article regarding this subject or civil wrong is as follows;

‘’ Malicious prosecution consists of actually, maliciously and without reasonable and probable cause instituting or carrying on against any person unsuccessful criminal, bankruptcy or winding-up proceedings, where such proceedings:

a) Caused scandal to the credit or reputation of, or possible loss of liberty by, such person, and

b) Terminated, if in fact they were capable of so terminating, in favour of such person:

Provided that no action for malicious prosecution shall be brought against any person by reason only that he furnished information to some competent authority by whom any proceedings were instituted.

Notwithstanding anything contained in the law, no principal or master shall be liable for any malicious prosecution instituted by his agent or servant unless he shall have expressly authorised or ratified such prosecution.’’

As you can see, the above mentioned law article deals mostly with criminal actions against you. In Civil actions, usually, once you have obtained a judgement in your favour or in other words if your defence was accepted by the court, you would have a right to court costs from the plaintiff(s) granted by a court order.

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