XII Ko 13/24
AI generated
Court dismisses compensation claim for wrongful detention due to untimely filing and lack of special circumstances.
Poland (PL)
Legislator summary
AI generatedThe court dismissed the plaintiff's claim for compensation and damages arising from her detention on December 7, 2021. Although the plaintiff argued she could not file earlier due to personal reasons, the court found no special circumstances justifying the delay. Consequently, the claim was rejected, and the state was ordered to bear the procedural costs.
Legislator headnote
AI generatedArt. 554 § 4 k.p.k.; Art. 5 k.c.: A claim for compensation for wrongful detention must be filed within the limitation period; failure to do so without special circumstances or abuse of right bars recovery, and the state bears costs.
Keywords
AI generated
wrongful detention compensation
limitation period
special circumstances
abuse of right
procedural costs
state liability
damages claim
Cited Legislation
AI generatedart. 552 § 4 k.p.k.
art. 554 § 4 k.p.k.
art. 5 k.c.
art. 552 § 4 k.p.k
art. 554 § 4 k.p.k
art. 273 k.k
art. 11 § 2 k.k
art. 12 k.k
art. 62 § 2 k.k
art. 56 § 1 k.k
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