In today’s article, we will analyze the issue of claims for compensation and damages for unjustified pre-trial detention, which was the subject of analysis by the Supreme Court in case file reference: V KK 250/13 in its judgment of 4 February 2014.
Daily compensation rate method
The court overturned the Court of Appeal's ruling and remanded the case for reconsideration. A key element of the justification was the finding that applying the daily compensation method (PLN 500 for each day of isolation) to the applicant could distort the principles of compensation for harm, as it fails to take into account the specific nature of suffering that increases with the duration of detention.
Conditions of stay in a penitentiary facility
The Supreme Court emphasized that conditions of detention in a penitentiary facility—unless they deviated from applicable standards under the Executive Penal Code or regulations—do not constitute grounds for reducing compensation. In practice, this means that the absence of misconduct, harassment, or negligence on the part of the prison administration does not justify a reduction in compensation. Even compliance with the standards cannot diminish the scale of the psychological harm suffered as a result of unjust imprisonment.
As aptly pointed out in the justification of the judgment: " Although the application of a defective calculation method does not always have to lead to an incorrect result, the method of calculating compensation for unjust deprivation of liberty based on the 'daily rate' generally creates a serious risk that the amount awarded to the applicant will not properly reflect the harm caused to him, contrary to Article 445 § 1 and 2 of the Civil Code." This approach marginalizes other, immeasurable factors influencing the severity of the harm, such as a sense of helplessness, damage to one's good name, social pressure or loss of reputation.
The Supreme Court noted that conditions of detention may be taken into account when determining the amount of compensation only if they deviate from applicable standards – for example, in the case of the use of violence, inadequate medical care or other gross misconduct.
Factors that determine the amount of compensation – setting the limit
This ruling draws a clear line between mechanically determining compensation based on the number of days spent in detention and a comprehensive assessment of the overall harm suffered, taking into account the quality of detention conditions and the psychological, social, and professional consequences of isolation. Consequently, this ruling means that individuals who have suffered harm due to an unjust pretrial conviction will be able to claim significantly higher amounts due to a comprehensive assessment of the harm suffered.
It constitutes an important point in the line of case law shaping a more humanistic and individualised approach to compensation for unjustified deprivation of liberty, in which the significance of the conditions of serving the sentence appears only in the event of their irregularity, and not as an element automatically reducing the amount of compensation due.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of August 13, 2025.
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