The wrongful imprisonment of temporary arrest or detention is 1 of the most severe violations of human rights. It takes distant not only individual freedom, but can lead to serious psychological, family, social and professional consequences. However, Polish law provides for the anticipation of obtaining compensation and redress by persons who have fallen victim to wrongful action by law enforcement authorities.
Safeguarding freedom – Constitution and Convention on Human Rights
Both Constitution of the Republic of Poland (Article 41)and European Convention on Human Rights (Article 5(5) ECHR) guarantee that everyone has the right to individual freedom and effective redress in the event of a breach. The case law of the European Court of Human Rights has repeatedly stressed that all case of wrongful imprisonment must consequence in a real anticipation of obtaining adequate redress (e.g. the judgement of the ECHR in the case Assad against Georgia, complaint No 71503/01).
When do you get compensation for wrongful arrest?
According to Article 552 § 4 Code of Criminal Procedurea individual temporarily arrested or detained may search compensation if:
- The arrest was unjustified or unlawful,
- the proceedings have ended redemption,
- He's gone. acquittal judgment.
Compensation shall besides be granted where:
- the preventive measurement has been applied in breach of the procedure,
- imprisonment was disproportionate to the situation,
- The arrest was based on incorrect or unreliable evidence.
In specified cases, not only can the court, but it should grant compensation, in accordance with the rule of compensation for the State Treasury.
Compensation and redress – differences
In the compensation procedure it is worth to distinguish:
- compensation – includes real material losses: failure of income, operating costs, deterioration of the property situation,
- Compensation – this is compensation for non-human harm: stress, intellectual suffering, social isolation, failure of a good name or household ties.
The amount of compensation shall be determined by the court on the basis, inter alia, of the dimension of stay in custody, its impact on intellectual health, as well as on the professional and private life of the injured person.
How to claim compensation?
Application to District Courtcompetent for the place of release of the detained or arrested person. Procedures are conducted on the basis of criminal rules, but are formally conducted in civilian mode.
Date:
In accordance with Article 555 of the NCP, an application must be submitted during the year from:
- finality of the acquittal judgment,
- finality of the decision to discontinue proceedings,
- the date of release (in case of detention).
In the course of the procedure, it is essential to demonstrate:
- actual damage to property,
- experience Immaterial damage,
- wrong or wrong the usage of a preventive measure.
Legal support – why is it worth utilizing a lawyer?
Proceedings for compensation for wrongful detention, although governed by law, require legal cognition and experience. The assistance of a lawyer may importantly increase the chances of obtaining adequate compensation, both in terms of the amount of the benefit and the effectiveness of the arguments before the court.
The importance of compensation in a democratic state of law
The compensation strategy for wrongful imprisonment is not just a substance of individual compensation. That, too. element of trust of the citizen in the regulation of law. The prosecution of damages and damages in specified cases serves as a preventive and remedial function – protects individuals from the arbitraryness of power and strengthens the work of law enforcement authorities and courts.
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.
The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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Compensation for wrongful detention: Your right to compensation for violation of liberty
