The Issue of Compensation for Unjustified Pre-trial Detention

The goal of justice is to reach the factual truth, which is pursued by individuals who cannot inevitably attain it.Therefore, this truth remains judicial.Consequently, justice is not infallible, as errors may occur in collecting, linking, and evaluating the elements of a crime at any stage of criminal proceedings, especially since the legislator has authorised the investigating judge in particular.Judicial officers generally take all investigative measures necessary to uncover the truth.One of the most critical investigative measures is the order for temporary detention.For this reason, the legislature has surrounded it with numerous conditions, procedures, and guarantees in favour of the accused, in line with and reinforcing the principle of the presumption of innocence.This is all because the order to place the accused in temporary detention deprives an individual of their most cherished possession: their sacred freedom, a fundamental principle and a primary goal of international human rights law.