Legislator Case Law & Legislation
IV K 1024/16 AI generated

Court partially allows damages claim but rejects compensation for daughter due to lack of death causation.

Case Number IV K 1024/16
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court convicted two defendants of negligent injury and imposed conditional probation on one while sentencing the other to restricted freedom. Although the prosecution requested compensation for medical expenses and rehabilitation travel costs, the court found the provided invoices insufficiently specific to link them directly to the accident. Consequently, the court awarded a fixed compensation sum but denied the request for additional damages (nawiązkę) to the victim's daughter because there was no evidence the victim died from the injuries.

Legislator headnote

AI generated

Art. 46 § 1, 2 k.k.; Art. 67 § 3 k.k.: The court may award compensation for suffering but must deny additional damages (nawiązkę) when the victim does not die from the crime, as such damages are reserved exclusively for the victim's closest relatives in cases of death.

Keywords

AI generated
negligent injury compensation for suffering additional damages death causation conditional probation court costs medical expenses

Cited Legislation

AI generated
Art. 46 § 1 k.k.
Art. 46 § 2 k.k.
Art. 67 § 3 k.k.
Art. 63 § 1 k.k.
Art. 627 k.p.k.
Ustawa z dnia 23 czerwca 1973 r. o opłatach w sprawach karnych
art. 67 § 1 k.k
art. 67 § 3 k.k
art. 157 § 1 k.k
art. 7 k.p.k

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