Here is the translation:
1. Subject of Dispute: Compensation for moral damages to a person who was illegally brought to administrative responsibility under a patrol police protocol.
2. Main Arguments of the Court:
The Supreme Court changed previous judicial practice regarding automatic compensation for damages when an administrative case is closed. The court considers that:
– The mere fact of case closure does not automatically mean the unlawfulness of police actions
– To recover damages, one must prove the obvious illegality of the police officer’s actions
– The patrol police is not a pre-trial investigation body, therefore special rules for damage compensation do not apply
3. Court Decision: Deny compensation for moral damages, as the unlawfulness of the police officer’s actions in drawing up the protocol has not been proven.
