II AKa 244/20
AI generated
Appeal court corrects a calculation error, increasing compensation for wrongful detention from 30k to 60k PLN.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal partially overturned the first-instance judgment regarding compensation for wrongful detention. The appellant argued for increased damages due to the length of the detention, while the lower court had made a mathematical error in calculating the final amount. The appellate court identified this arithmetic mistake and raised the compensation to 60,000 PLN, leaving the rest of the ruling intact.
Legislator headnote
AI generatedArt. 438 pkt 2, 3 k.p.k.; Art. 554 § 4 k.p.k.: The court may correct a factual error regarding the calculation of damages if it affects the judgment's content, and costs are borne by the state when the appeal is partially successful.
Keywords
AI generated
wrongful detention compensation
calculation error correction
civil compensation increase
appellate court jurisdiction
state liability costs
Cited Legislation
AI generatedArt. 438 pkt 2 k.p.k.
Art. 438 pkt 3 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. 437 § 2 k.p.k
art. 454 § 1 k.p.k
Related Decisions
AI generatedII AKa 35/20
Appeal court partially allowed defense appeal, remanding defense fee calculation to lower court while upholding other verdict parts.
II AKa 88/21
Appeal dismissed; facts and sentence upheld; defense costs waived due to financial hardship.
II AKa 116/21
Appeal court upheld sentence and awarded state costs to victim under invalidity law.
II AKa 129/20
Appeal dismissed; procedural errors alleged did not affect the conviction and sentence under Polish Criminal Procedure Code.
II AKa 428/21
Appeal court upheld lower court's compensation award for wrongful detention under Polish Criminal Procedure Code.