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Glosa do wyroku Sądu Najwyższego z dnia 20. października 2011 r., IV KK 137/11

100%
Kończal M.
Przegląd Prawniczy Europejskiego Stowarzyszenia Studentów Prawa ELSA Poland
|
2013
|
issue 1
155-160
EN
The Gloss endorses Supreme Court's judgment from 20 X 2011 r.,( IV KK 137/11), which relates to extent of duty to redress the damage caused by unlawful arrest and to that, if it is possible, in proceeding regulated by the 58th section of Code of Criminal Procedure, to obtain reimbursement of legal representation costs under Article 632§ 2 of the Code of Criminal Procedure. Glossator held’s that the Supreme Court has rightly held that the damage must also take into account monetary liabilities, which drew family wrongly detained person to cover the cost of living during imprisonment. Compensation should cover entire damage and redress entire moral injury, which were suffered by detainee. In determining the amount of both compensation and redress all the circumstances of the case should be considered. The applicant in proceedings for damages should receive reimbursement of legal representation cost.
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