- Business in Poland -
Compensation for wrongful conviction or pre-trial detention
Compensation for wrongful conviction is a claim against the State Treasury available to a person who suffered damage as a result of serving a penalty that should not have been imposed, following a later acquittal, discontinuance of proceedings, or imposition of a more lenient sentence in the cases provided for in the Polish Code of Criminal Procedure. In practice, such claims are often accompanied by a claim for compensation for non-pecuniary harm, meaning the negative non-financial consequences: stress, isolation, loss of reputation, breakdown of family or professional relationships.
Legal basis: Article 552 of the Polish Code of Criminal Procedure
The key legal basis is Article 552 of the Polish Code of Criminal Procedure, often searched for in Polish as art 552 kpk. This provision primarily covers cases where, after the reopening of proceedings, a cassation appeal, or an extraordinary appeal, the person was acquitted, the proceedings were discontinued, or a more lenient sentence was imposed [1].
The same chapter of the Code of Criminal Procedure also regulates damages and compensation for wrongful pre-trial detention and arrest, where they were undoubtedly unjustified. Liability rests with the State Treasury, and the case is examined under a special criminal procedure.
Cases of this type require an assessment of both the formal grounds for the claim and the actual amount of damage suffered. In practice, they combine elements of criminal proceedings, civil-law damage calculation, and reputational risk management. In this area, support is provided by Kopeć & Zaborowski Law Firm, in particular through its criminal law practice.
What do damages and compensation for non-pecuniary harm cover?
Damages cover material loss. This may include lost salary, lost business income, lost contracts, justified defence costs that have not been reimbursed in another procedure, treatment costs, or other expenses that have an adequate causal link with the enforcement of the penalty, pre-trial detention, or arrest.
Compensation for non-pecuniary harm concerns personal suffering and harm. The court assesses, among other things, the duration of deprivation of liberty, detention conditions, the impact of the case on family life, mental health, professional standing, and reputation. The situation of a private individual will be assessed differently from that of a management board member, business owner, doctor, manager, or public figure.
This is why an acquittal alone does not determine the amount of compensation. The financial, personal, and professional consequences must be proven.
Compensation for wrongful pre-trial detention
Compensation for wrongful pre-trial detention is available where the pre-trial detention was undoubtedly unjustified. Not every lifting of detention or later acquittal automatically means that the claim is well-founded. The court examines the full circumstances of the case: the grounds for applying the measure, the course of the proceedings, the final outcome, and the actual consequences of isolation.
In business crime and corporate cases, pre-trial detention can have particularly far-reaching consequences: loss of contracts, termination of financing, decision-making paralysis within a company, damage to trust among business partners, or media reaction. These consequences should be documented from the outset, as they may later affect the amount of the claim.
A broader discussion of this category of cases is also available in the KKZ material on compensation for wrongful conviction, pre-trial detention, or arrest.
Exclusion and exceptions under Article 553 of the Polish Code of Criminal Procedure
The provisions specify situations in which a claim may be excluded, as well as cases where the exclusion does not apply. One exclusion and two exceptions arising from Article 553 of the Polish Code of Criminal Procedure must be stated precisely:
- as a rule, the claim is not available if a person, with the intention of misleading the court or a law enforcement authority, submitted a false report of an offence or made false statements and thereby caused an adverse decision or arrest against themselves;
- this exclusion does not apply to persons making a statement in the circumstances specified in Article 171 § 3, 4, and 6 of the Polish Code of Criminal Procedure;
- this exclusion does not apply where the damage or harm resulted from an abuse of authority or failure to perform a duty by a public official.
The assessment of these conditions always depends on the facts of the case. Interview records, recordings, expert opinions, the content of instructions given to the person, and the circumstances in which statements were made may all be relevant.
Time limit and competent court
The claim is filed with a regional court. In wrongful conviction cases, the competent court is generally the regional court in whose district the first-instance judgment was issued. In the case of pre-trial detention or arrest, the competent court is the regional court with jurisdiction over the place where the person held in pre-trial detention or arrested was released [1].
As a rule, the limitation period is one year. For wrongful conviction, it runs from the date on which the judgment giving rise to the claim became final. For pre-trial detention, the time limit runs from the date on which the judgment ending the proceedings became final, and for arrest, from the date of release [1].
Missing the deadline may make it difficult or impossible to pursue the claim effectively, so the documents should be analysed as soon as possible after the criminal case has ended.
How to prepare an application for compensation for wrongful conviction
An application should combine legal arguments with evidence. The documents most often required include:
- judgments or decisions ending the proceedings and their written reasons,
- documents confirming enforcement of the penalty, pre-trial detention, or arrest,
- financial, employment, and tax documentation,
- medical or psychological records, if the harm affected the person’s health,
- evidence of the impact of the case on reputation, contracts, or professional situation.
In cases involving company executives or business owners, it is often important to reconstruct the full timeline: arrest, decisions of the authorities, reactions of business partners, media publications, lost transactions, and remedial measures. Such a reconstruction makes it possible to separate facts from opinions and demonstrate a causal link.
This material is for information purposes only and does not constitute legal advice. In matters requiring an assessment of documents and litigation risks, it is advisable to use the analysis of KKZ lawyers available through the KKZ website.
FAQ - compensation for wrongful conviction or pre-trial detention
Does every acquittal mean compensation for wrongful conviction?
No. The conditions set out in the Polish Code of Criminal Procedure must be met, and the damage or harm resulting from the enforcement of the penalty must be proven.
Can damages and compensation for non-pecuniary harm be claimed at the same time?
Yes. Damages cover material loss, while compensation for non-pecuniary harm covers non-financial harm, such as suffering, stress, and damage to reputation.
When is pre-trial detention undoubtedly unjustified?
This is decided by the court based on the entire case. The grounds for detention, the outcome of the proceedings, and the consequences of isolation are all relevant.
How much time is there to file an application?
As a rule, the limitation period is one year. The starting point depends on the type of claim and the relevant judgment, decision, or date of release.
Can loss of contracts be part of the damage?
Yes, if a link is proven between the wrongful conviction or pre-trial detention and a specific financial loss.
Are compensation proceedings a civil case?
Not in the classic sense. The claim is examined under the procedure set out in the Polish Code of Criminal Procedure.
Bibliography
- [1] Act of 6 June 1997 - Polish Code of Criminal Procedure, in particular Articles 552-555.
- [2] Constitution of the Republic of Poland of 2 April 1997, Article 41(5).
- [3] Convention for the Protection of Human Rights and Fundamental Freedoms, Article 5(5).
Author: adw. Maciej Zaborowski, Managing Partner
E-mail: m.zaborowski@kkz.com.pl
