AUTORE:
Gaetano Gorgone
ANNO ACCADEMICO: 2026
TIPOLOGIA: Laurea liv. I
ATENEO: Universitą degli Studi di Trento
FACOLTÀ: Comparative, European and International Legal Studies
ABSTRACT
This thesis examines unjust detention — the deprivation of liberty suffered by individuals held in pretrial detention who are later acquitted or not convicted — through a comparative lens across European legal systems. After discussing the long-standing problem of legal translation, clarifying the conceptual boundaries between "unjust" and "unjustified" detention, and distinguishing unjust detention from wrongful conviction, the research traces the legal basis and case law for compensation under Article 5(5) ECHR and Article 9(5) ICCPR, before mapping how national systems — Italy, Spain, France, Germany, Belgium, the Scandinavian countries, and the Anglo-American tradition — have translated this principle into domestic law. Particular attention is devoted to the "law and economics" perspective, which is treated as a separate legal order, and to a comparative analysis of claim procedures, compensation amounts, and the obstacles victims face in accessing redress. The thesis concludes that, despite growing convergence — largely driven by ECtHR case law and constitutional court intervention — significant fragmentation persists across Europe, and argues for greater harmonisation of compensation criteria at the EU level.