Abstract

This paper deals with the meaning of rehabilitation of persons who were unjustifiably convicted and persons who were unjustifiably arrested. The author analyzes the evolution of this right in the constitutional and criminal procedural law. The lack of legal definition of the rehabilitation of such persons has caused many different doctrinal definitions presented in this paper. The author is of the opinion that introduction of the terms such as 'rehabilitation' and 'other rights' in this type of procedure is pointless and she provides arguments for that. The paper also provides a demarcating line between rehabilitation of persons who were justifiably convicted and rehabilitation of persons who were unjustifiably convicted and persons who were unjustifiably arrested. The author establishes the difference in goals, basis, content, conditions and procedure of rehabilitation. She underlines the fact that certain types of rehabilitation shall have special attributes or shall at least be precisely defined in the law.

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