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XII Ko 217/25 AI generated

Court awards 120,000 PLN compensation for unjust detention and legal fees to a defendant.

Case Number XII Ko 217/25
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court ordered the State Treasury to pay 120,000 PLN in compensation for the plaintiff's suffering caused by an unjustified temporary arrest lasting over a year. The plaintiff argued that the arrest, based on false charges regarding drug trafficking, inflicted severe physical and psychological harm, while the State contended the measure was legally necessary. The court found the detention unjustified, acknowledged the significant distress and isolation endured, and deemed the requested amount appropriate to redress the non-material damage.

Legislator headnote

AI generated

Art. 552 § 4 k.p.k.; Art. 554 § 4 k.p.k.: The court must award compensation for non-material damage when a temporary arrest is proven unjustified, balancing the severity of suffering against the need to prevent unjust enrichment.

Keywords

AI generated
unjustified temporary arrest non-material damage compensation State Treasury liability legal costs reimbursement drug trafficking charges psychological distress procedural law Poland

Cited Legislation

AI generated
Art. 552 § 4 k.p.k.
Art. 554 § 4 k.p.k.
art. 552 § 4 k.p.k
art. 554 § 4 k.p.k
art. 258 § 1 k.k
art. 65 § 1 k.k
art. 292 § 1 k.k
art. 63 § 1 k.k
art. 291 § 1 k.k
art. 552 § 2 k.p.k

Cited Case Law

AI generated
II KK 384/24
Supreme Court dismisses cassation as obviously unfounded regarding procedural defects in appellate reasoning.
III KK 402/15
Supreme Court dismisses appeal as obviously unfounded for repeating lower court arguments without new grounds.
AI generated
II AKa 227/13
Appeal court partially allowed drug trafficking charges, overturning organized group conviction due to lack of evidence.
II AKa 320/24
Appeal court acquits defendant on one charge, corrects sentencing facts, and imposes combined prison term.
II AKa 317/16
Appeal court dismisses drug trafficking charges against one defendant due to prior final judgment while remanding others for retrial.
II AKa 325/12
Appeal court remands drug trafficking case to lower court due to insufficient evidence and witness credibility issues.

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