III Ko 129/22
AI generated
Court dismissed compensation claim for detention as not 'clearly unjust' due to defendant's poor probation behavior.
Poland (PL)
Legislator summary
AI generatedThe court dismissed A.M.'s claim for 300,000 PLN compensation for allegedly unjust detention. The defendant had violated probation conditions by fleeing to another city, leading to his arrest and subsequent execution of a suspended sentence. The court ruled that the detention was not 'clearly unjust' because it was a necessary consequence of the defendant's negligent behavior.
Legislator headnote
AI generatedArt. 552 § 4 k.p.k.; Art. 553a k.p.k.; Art. 554 § 4 k.p.k.: Compensation under Art. 552 § 4 k.p.k. requires proof of 'clearly unjust' detention; mere unlawfulness is insufficient, and detention resulting from a suspect's violation of probation obligations does not constitute 'clearly unjust' treatment.
Keywords
AI generated
clearly unjust detention
compensation for detention
probation violation
suspended sentence execution
criminal procedure code
unjustified arrest
court costs
Cited Legislation
AI generatedart. 552 § 4 k.p.k.
art. 553a k.p.k.
art. 554 § 4 k.p.k.
art. 554 § 4 k.p.k
art. 552 § 4 k.p.k
art. 291 § 1 k.k
art. 156 § 1 k.k
art. 157 § 1 k.k
art. 158 § 1 k.k
art. 191 § 1 k.k
Related Decisions
AI generatedII Ka 220/16
Appeal court quashes sentence for driving without license due to prior imprisonment disqualifying probation under Art. 69 § 1 KK.
II Kzw 82/20
Appeal dismissed; court upheld execution of suspended sentence due to continued alcohol abuse despite health claims.
II AKzw 750/13
Appeal court dismisses conditional suspension of sentence due to failure to meet one-year deferral requirement.
I C 135/23
Civil court dismisses prisoner's compensation claim for wrongful detention and personal rights violation due to lack of evidence.
II K 314/18
Court combined two prison sentences and lifetime driving bans for a drunk driving offender, rejecting full absorption.