IV Ko 241/21
AI generated
Court allows partial compensation for wrongful imprisonment but dismisses excessive damages claim due to prior convictions.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the claim for damages exceeding 1,000 PLN while allowing a reduced compensation of 1,000 PLN for the applicant's wrongful imprisonment. The applicant argued for a higher sum based on the period of unjust confinement following a Supreme Court annulment of a prior sentence. The court ruled that the applicant's prior criminal history and the eventual correction of the sentence significantly mitigated the personal harm, justifying a lower award.
Legislator headnote
AI generatedArt. 46 § 1 k.p.k.; Art. 554 § 4 k.p.k.: Where a person suffers personal harm due to wrongful imprisonment, compensation is awarded proportionally to the severity of the violation, considering the individual's prior criminal record and the duration of the unjust confinement.
Keywords
AI generated
wrongful imprisonment
personal harm
compensation damages
criminal record
Supreme Court annulment
proportional liability
civil liability
Cited Legislation
AI generatedArt. 46 § 1 k.p.k.
Art. 554 § 4 k.p.k.
art. 417 k.p.k
art. 552 § 1 k.p.k
art. 80 § 1 k.k
art. 554 § 4 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedI KK 77/25
Supreme Court quashes joint sentence due to expired probation execution period violating criminal code provisions.
VIII Ka 635/13
Appeal court voids joint sentence due to new law reclassifying crimes as misdemeanors, dismissing the joint penalty procedure.
II K 138/23
Court imposes combined sentence for multiple crimes, rejecting good behavior as sole mitigation factor.
II K 906/14
Court merged multiple suspended sentences and imposed a combined prison term based on temporal proximity and criminal intent.