XII Ko 119/21
AI generated
Court partially allowed civil claim for compensation for unlawful detention under Polish Code of Criminal Procedure.
Poland (PL)
Legislator summary
AI generatedThe court partially granted J. S.'s claim for compensation against the State for unlawful detention during a protest following a Constitutional Tribunal ruling. While the request for 10,000 zloty was deemed excessive, the court awarded 3,000 zloty as appropriate compensation for the short-term deprivation of liberty. Additionally, the State was ordered to reimburse 336 zloty for the costs of legal representation.
Legislator headnote
AI generatedArt. 552 § 4 k.p.k.; Art. 554 § 4 k.p.k.: The court must assess the proportionality of compensation for unlawful detention, awarding a sum that reflects the suffering without creating unjust enrichment, while simultaneously ordering the State to cover reasonable legal costs incurred by the claimant.
Keywords
AI generated
unlawful detention compensation
proportionality principle
civil claim against State
legal costs reimbursement
Code of Criminal Procedure
civil disobedience protest
psychological suffering assessment
Cited Legislation
AI generatedArt. 552 § 4 k.p.k.
Art. 554 § 4 k.p.k.
art. 552 § 4 k.p.k
art. 554 § 4 k.p.k
art. 31 ust. 3 Konstytucji
art. 552 § 1 k.p.k
art. 115 § 2 k.p
art. 114 § 1 k.p
art. 555 k.p.k
art. 90 § 3 k.p
Cited Case Law
AI generatedSąd Najwyższy w postanowieniu z dnia 29 kwietnia 1991 roku, sygn. akt V KRN 475/90
V KK 464/12
Supreme Court partially allowed cassation, remanding compensation for internment due to lack of civil code analysis.
Related Decisions
AI generatedXII Ko 52/22
Court awards 5000 PLN compensation for unlawful detention but dismisses 1 million PLN claim as excessive.
XII Ko 60/24
Court allows damages for unlawful police detention, rejecting state's statute of limitations defense as abuse of rights.
II AKa 274/21
Appeal against criminal compensation award dismissed; facts and legal qualification upheld by appellate court.
XII Ko 80/18
Court partially allowed compensation claim for unlawful police detention of peaceful demonstrator, awarding 4,000 PLN.
XII Ko 30/23
Court awards partial compensation for unlawful detention based on duration, conditions, and specific abuses by police officers.