Monitor Prawniczy

no. 15/2022

A few remarks on compensatory damages finally awarded pursuant to Art. 552 of the Code of Criminal Procedure

DOI: 10.32027/MOP.22.15.3
Paulina Banaszak-Grzechowiak
Autorka jest asystentem w Sekcji Prawa i Procesu Karnego Instytutu Wymiaru Sprawiedliwości; ORCID: 0000-0002-7367-0860.
Abstract

The article discusses the issue of compensatory damages awarded pursuant to Art. 552 of the Code of Criminal Procedure, i.e. special and general damages awarded for wrongful conviction, for wrongful application of a preventive measure, as well as for obviously unwarranted temporary arrest or detention. The article presents and discusses detailed data on finally awarded special damages in the years 2000–2018 and in the first half of 2019, as well as data on finally awarded general damages in the years 2009–2018 and in the first half of 2019. Moreover, the study also cites selected court decisions to illustrate what factors were taken into account when awarding damages referred to in Art. 552 of the Code of Criminal Procedure and what was the indicative amount of the awarded damages.