Limitation of claims for compensation of damages or suffered injury resulting from wrongful conviction, unlawful imposition of preventive measure, unjust pre-trial detention or arrest (between theory and practice)

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Katarzyna Wiśniewska – M.A., Jagiellonian University, Chair of Criminal Law (ph.d. graduate), advocate

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Keywords

compensation, miscarriage of justice, wrongful conviction, unjust detention, limitation of claims, state responsibility for damages

Summary

One of the elements that determine the compliance of the state responsibility model for unjust or unlawful activities of public authorities with international and constitutional standards is the availability of compensation mechanisms. This responsibility model is also a subject of assessment in the context of formal requirements that the applicant must fulfill to effectively initiate proceedings and then obtain appropriate compensation. The opinion in this respect may also be influenced by the regulation of time limits to claim compensation for damages. This paper presents the constitutional aspects of the current regulations. The purpose of the article is also to provide answers for the question concerning the practical influence of regulations provided for in art. 555 of the Polish Code of Criminal Procedure (k.p.k.) on the state responsibility model.