XII Ko 14/20
AI generated
Court awarded partial compensation for unlawful detention, rejecting excessive claims based on social economic conditions.
Poland (PL)
Legislator summary
AI generatedThe court granted a partial claim for damages and compensation against the State for an unlawful detention. The plaintiff requested over 200,000 PLN, arguing that the detention caused significant moral harm and reputational damage. The court reduced the compensation to 15,000 PLN, noting that the claim was disproportionately high compared to the average income and social conditions of the time.
Legislator headnote
AI generatedart. 552 § 4 k.p.k.; art. 554 § 4 k.p.k.: The court must balance the compensation awarded for unlawful detention against the general socio-economic conditions of the community, rejecting claims that are excessively high relative to the plaintiff's actual financial situation.
Keywords
AI generated
unlawful detention compensation
damages assessment criteria
social economic conditions
moral harm redress
state liability damages
excessive claim rejection
procedural costs allocation
Cited Legislation
AI generatedart. 552 § 4 k.p.k.
art. 554 § 4 k.p.k.
art. 552 § 4 k.p.k
art. 554 § 4 k.p.k
art. 12 k.k
art. 276 k.p.k
art. 246 § 1 k.p.k
art. 249 § 1 k.p.k
art. 437 § 1 k.p.k
art. 552 § 1 k.p.k
Cited Case Law
AI generatedRelated Decisions
AI generatedI CSK 324/23
Cassation appeal dismissed for lack of grievance regarding dismissed claim and no legal issue requiring interpretation.
I ACa 697/12
Appeal court reverses first instance costs order due to special circumstances and prisoner's financial hardship.
I ACa 565/11
Appeal dismissed; court rejected claim for lost income and administrative costs due to lack of causal link and procedural rules.
III Ko 188/16
Civil claim dismissed due to statute of limitations and res judicata regarding compensation for wrongful detention.
II AKa 222/14
Appeal court increases compensation for wrongful detention of a border guard due to aggravated moral harm.