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VIII Ko 119/21 AI generated

Court awards partial compensation for wrongful detention, rejecting excessive claims due to defendant's prior record and proper prison conduct.

Case Number VIII Ko 119/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court awarded the plaintiff 150,000 PLN in damages and 72,240 PLN in compensation for wrongful detention, while dismissing the remainder of the claim. The plaintiff sought over 800,000 PLN, arguing that prison conditions and treatment caused significant harm, but the court found the requested amounts were excessive. The decision was based on the plaintiff's history of multiple convictions, which mitigated reputational damage, and the finding that prison staff acted lawfully and medical care was adequate.

Legislator headnote

AI generated

Art. 552 § 1 k.p.k.; Art. 554 § 4 k.p.k.: Damages for wrongful detention must be compensatory and proportional to actual suffering, not excessive, especially when the detainee has a prior criminal record and prison conditions were standard.

Keywords

AI generated
wrongful detention compensation non-material damage excessive claim rejection prison conduct assessment criminal record mitigation statutory interest rules procedural costs waiver

Cited Legislation

AI generated
art. 552 § 1 k.p.k.
art. 554 § 4 k.p.k.
art. 552 § 1 k.p.k
art. 554 § 4 k.p.k

Cited Case Law

AI generated
wyrok Sądu Apelacyjnego w Warszawie z dnia 25 marca 2019 r., II AKa 241/18
wyrok Sądu Apelacyjnego w Katowicach z dnia 8 grudnia 2017 r., II AKa 493/17
AI generated
II KO 170/24
Supreme Court dismisses retrial request claiming mental illness occurred after the crime was committed.
VI Ka 1016/17
Appeal dismissed; prior prison sentence bars suspended sentence under Art. 69 § 1 kk despite defense arguments.
X Ka 710/20
Appeal court quashes first instance order for public fine payment due to missing legal prerequisites.
II AKa 232/17
Appellate court reduced sentences for drug trafficking participants by correcting factual descriptions and applying correct sentencing rules.
II AKa 65/16
Appeal court upheld murder conviction and 14-year sentence, rejecting prosecutor's request for 25 years as excessive.

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