Longer period of limitation for claiming compensation for wrongful detention


judgment of the Court of Appeal in Białystok of 7 September 2018 - case file no.: II AKa 140/18

In the cited judgment, the Court decided to grant identical rights to wrongfully detained persons referred to in Article 552 of the Code of Criminal Procedure with regard to the commencement of the limitation period for claims for compensation and punitive damages for wrongful detention. The court stated that the date from which the one-year limitation period runs is when the judgment ending the criminal proceedings becomes final.

The ruling in question is extremely important, as it corrects the principles according to which the one-year limitation period for such claims was calculated. Previously, it started to run from the release of the wrongly detained person. Currently, the same rules for calculating limitation periods apply to all persons wrongfully deprived of liberty.

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