Legislator Case Law & Legislation
III Ko 160/13 AI generated

Court awards compensation for unjustified temporary arrest under Art. 552 § 4 of the Criminal Procedure Code.

Case Number III Ko 160/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court ordered the State Treasury to pay 35,000 PLN to the plaintiff as compensation for an unjustified temporary arrest. The plaintiff argued that the arrest was clearly unfounded based on Article 552 § 4 of the Criminal Procedure Code, while the prosecution contended the measure was legally necessary. The court found the arrest to be clearly unfounded and granted the compensation claim, dismissing the remainder of the request.

Legislator headnote

AI generated

Art. 552 § 4 k.p.k.; Art. 415 § 1 k.p.k.: If a temporary arrest is clearly unfounded, the person affected is entitled to compensation from the State Treasury.

Keywords

AI generated
unjustified temporary arrest compensation from State Treasury clearly unfounded measure Criminal Procedure Code State liability

Cited Legislation

AI generated
Art. 552 § 4 k.p.k.
Art. 415 § 1 k.p.k.
art. 552 § 4 k.p.k

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