Subject of Dispute: Recovery of Moral Damages from the State due to Illegal Administrative Prosecution by Patrol Police Officers.
Main Court Arguments:
The Supreme Court established that the appellate court approached the case circumstances formally. Firstly, the previous court proceeding established a violation of the driver’s sobriety check procedure. Secondly, the plaintiff was deprived of the right to drive a vehicle for 8 months due to an illegally drawn up protocol. Thirdly, psychological tension and inconveniences resulting from illegal prosecution constitute sufficient grounds for moral damages compensation.
Court Decision: To cancel the appellate court resolution and refer the case for a new hearing for repeated detailed examination of all case circumstances.
