II AKa 128/20
AI generated
Appeal court partially allowed claim for damages and compensation for unjustified temporary arrest by State Treasury.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal in Warsaw partially modified the first-instance judgment regarding compensation for an unjustified temporary arrest. The plaintiffs argued that their detention was legally flawed, while the State Treasury contested the full extent of the liability. The court ruled that the State must pay specific sums for damages and legal costs, thereby partially satisfying the plaintiffs' claims.
Legislator headnote
AI generatedArt. 438 pkt. 2 k.p.k.; Art. 554 § 4 k.p.k.: The court may modify a first-instance judgment to award damages and legal costs when procedural violations are found to have affected the outcome of the proceedings.
Keywords
AI generated
unjustified temporary arrest
damages and compensation
procedural violation
legal costs reimbursement
State Treasury liability
appeal court modification
civil compensation claim
Cited Legislation
AI generatedArt. 438 pkt. 2 k.p.k.
Art. 554 § 4 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 7 k.p.k
art.74 § 1 k.r.o
art. 552 § 4 k.p.k
Related Decisions
AI generatedII AKa 216/22
Appeal court quashes criminal judgment for compensation due to procedural errors requiring retrial.
II AKa 130/21
Appeal court combined individual prison sentences for one defendant and reduced the total term to one year and three months.
II AKa 319/20
Appeal dismissed; court upheld first-instance sentence for theft and fraud, rejecting defense arguments on legal and procedural grounds.
VI Ka 152/24
Appeal against acquittal dismissed; accessory prosecutors' appeal rejected due to lack of procedural error affecting verdict.
II Ka 352/20
Criminal appeal court quashes first-instance judgment due to procedural errors and remands case for retrial.