Legislator Case Law & Legislation
XVIII Ko 5/23 AI generated

Court awards partial compensation for unjust detention to volunteers but dismisses specific damage claims.

Case Number XVIII Ko 5/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court ruled in favor of four plaintiffs, awarding them specific sums for compensation and damages resulting from their unjust detention in December 2021. While the court recognized the plaintiffs' suffering and granted differentiated amounts based on individual harm, it rejected the full requests for material damages submitted by some parties. The decision was grounded in the statutory requirement for 'unjustified detention' and the court's assessment of the actual physical and psychological impact on each volunteer.

Legislator headnote

AI generated

art. 552 § 4 k.p.k.; art. 554 § 4 k.p.k.: The court must determine the extent of harm caused by unjustified detention and award differentiated compensation based on the specific circumstances and severity of suffering experienced by each individual plaintiff.

Keywords

AI generated
unjustified detention compensation for harm material damages psychological suffering volunteers rights state liability differentiated awards

Cited Legislation

AI generated
art. 552 § 4 k.p.k.
art. 554 § 4 k.p.k.
art. 552 § 4 k.p.k
art. 18 § 3 k.k
art. 17 § 1 pkt 1 k.p.k
art. 555 k.p.k
art. 244 k.p.k
art. 554 § 4 k.p.k
art. 5 k.c
art. 552 k.p.k

Cited Case Law

AI generated
V KRN 475/90
AI generated

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