Without prejudice to the application of the provisions of Articles L. 141-2 and L. 141-3 of the Code of Judicial Organisation, a person who has been remanded in custody in the course of proceedings that have ended with a decision to dismiss, acquit or acquit that has become final is entitled, at his or her request, to full compensation for the non-material and material harm caused to him or her by this detention. However, no compensation shall be payable where this decision is based solely on a finding that the person is not responsible within the meaning of article 122-1 of the Penal Code, an amnesty after the person has been remanded in custody, or the statute of limitations having lapsed after the person’s release, when the person was at the same time being held in custody for another reason, or when the person has been remanded in custody for having freely and voluntarily made a false accusation or allowed a false accusation to be made with a view to having the perpetrator escape prosecution.At the request of the person concerned, the prejudice is assessed by an expert report carried out under the conditions of articles 156 et seq.
When the person is notified of the decision to dismiss, acquit or acquit, he or she is advised of his or her right to claim compensation, as well as of the provisions of articles 149-1 to 149-3 (first paragraph).