XVIII Ko 12/21
AI generated
Court partially allowed compensation claim for wrongful detention, awarding 70,000 PLN for 5 months of pretrial arrest.
Poland (PL)
Legislator summary
AI generatedThe court partially granted the plaintiff's claim for compensation regarding a wrongful pretrial detention lasting five months. While the plaintiff initially sought 150,000 PLN, the court found the amount excessive and reduced the award to 70,000 PLN based on a rate of 5,000 PLN per month. The decision was based on the principle that compensation should cover non-material harm without encouraging the plaintiff to forgo potential sentence reduction.
Legislator headnote
AI generatedArt. 552 § 4 k.p.k.; Art. 554 § 4 k.p.k.: The court may reduce the claimed compensation for wrongful pretrial detention if the amount is deemed excessive, establishing that the plaintiff's preference for monetary compensation over sentence reduction does not justify an inflated claim.
Keywords
AI generated
wrongful pretrial detention
compensation claim
excessive damages
non-material harm
Art. 552 k.p.k.
Art. 554 k.p.k.
sentence reduction
Cited Legislation
AI generatedArt. 552 § 4 k.p.k.
Art. 554 § 4 k.p.k.
Art. 417 k.p.k.
art. 552 § 4 k.p.k
art. 554 § 4 k.p.k
art. 282 k.k
art. 13 § 1 k.k
art. 11 § 2 k.k
art. 12 k.k
art. 64 § 1 k.k
Cited Case Law
AI generatedV KRN 475/90
Related Decisions
AI generatedIII KK 140/21
Supreme Court dismissed criminal appeal as obviously groundless due to lack of new evidence and procedural violations.
V KK 337/22
Polish Supreme Court partially quashes cassation for accomplice crimes, remands for re-evaluation of leniency eligibility.
VI Ka 451/14
Appeals against robbery sentences dismissed; court upheld original verdicts due to lack of gross disproportionality.
II AKa 29/13
Appeal court mitigated life sentence to 13 years for joint assault causing death, rejecting prosecution's request for 25 years.
II AKa 270/13
Appeal dismissed; court upheld first-instance conviction for attempted extortion and armed group participation.