17 months in prison for rape that did not occur. It’s time to recover

He spent 545 days behind bars for what he did not do. Mr. Wojciech appealed for a thousand zlotys for each day he spent in the cell, and a verdict was handed down today. What compensation was given to the unjustly accused person?

It all started on April 22, 2019. 39 years old then Mr. Wojciechare invited to the apartment 18-year-old girl. They were having sex, and the man had to take nude pictures of the woman and post them on social media. The 18-year-old told police he had been drinking and had been raped by a 39-year-old woman.

He was accused of non-existent aggression

Mr. Wojciech has been remanded in custody April 25, 2019. Spent several months there. In February 2020, a man heard the verdict – the court found him guilty. The accused was sentenced 3 years in prison for the girl’s drunkenness and rape, and For a period of 6 months arrested for perpetuating his naked image. Mr. Wojciech had to spend another 3 years and 2 months behind bars, was also banned from approaching the injured party for less than 50 meters for 3 years, and the 18-year-old had to pay 5,000 PLN in compensation. .
However, on February 3, 2021, the appellate court acquitted Mr. Wojciech. The expert decided that the concentration of alcohol in the girl’s blood was too low to talk about fainting as a result of intoxication.

Fight for compensation

The man decided to fight for compensation in the amount of 1000 PLN for each day he spent unjustly behind bars – in total 525 min zloty. The verdict in the case was handed down on Monday, April 4.

– All the suffering suffered by the applicant as a result of unjust detention cannot be fully recovered – nothing can be erased from the memory Isolation in prison for more than 17 months. According to the current rules, in such cases, the victim is entitled to compensation by law enforcement or judicial authorities, the amount of which must be appropriate. On the one hand, this should serve as a compensation, and on the other hand, it should not be a way to obtain excessive financial benefits. The amount of compensation is determined individually depending on the type and duration of physical and mental suffering, their intensity and the associated discomfort – hence the resulting moral discomfort – the judge began.

Compensation for the loss of a good name and psychological damage

And he explained: – The loss of a good name, as well as the isolation of the environment, the need to comply with the harshness of the prison, the unpleasant reactions after leaving the penitentiary. The compensation function should be aimed at relieving the plaintiff’s suffering and minimizing the negative experiences of the plaintiff. Therefore, it is important that compensation is adequate, adequate and fair. Therefore, it must represent real, economic and material value to the applicant and cannot be symbolic. After these signs, the district court first considers the length of detention and the fact that the victim has never remained in a penitentiary institution and has not been isolated from the environment in which he or she works.

The court considered the merits of the charges against the victim. This was a related claim It is well known that persons accused of sexual crimes and such charges are prosecuted in isolation. the applicant also encountered. There is no doubt that Mr. Wojeciech was temporarily detained He was accompanied by a feeling of helplessness and frustration during the criminal proceedings against him. The court also took into account the fact that the victim was in various multidisciplinary cells and had direct contact with various people, including immoral and criminal offenders. The court did not overlook the fact that from the moment the applicant was sentenced by the court of first instance, He was sentenced to 3 years and 2 months in prison and lived until he was acquitted.

He was saying goodbye to his mother in handcuffs

– the applicant during the entire period of isolation As it turned out, the defendant knew that he could stay in prison for more than 3 years for an act he did not commit, and he had such an opinion. Such a key point shows what happened to the applicant was the fact of his mother’s death while in custody. In the last days of his life, he could not accompany his loved one because he was isolated. He also failed to say goodbye to her in the normal way – prison officials handcuffed her to the funeral. S.The court also took into account another circumstance – despite the acquittal, Mr Wojciech was removed from his environment – repeatedly confronted by reluctance from people he knew – the judge explained.

650 PLN for each day of isolation

Taking into account the above, the court decided that the amount of appropriate compensation will be 344 thousand PLN. The PLN is about 650 PLN per day of detention. According to the court, the above amount is real and material value – in relation to the standard of living of society, it exceeds the average salary by three times. At the same time, the court found that the applicant had been the victim of physical violence by fellow detainees during his pre-trial detention. The burden of proof in this regard was borne by the applicant, who did not provide any evidence to that effect. The court found that he had been subjected to psychological violence by fellow detainees – as this is a known fact and the applicant did not have to inform anyone about such behavior – he could have done it on his own – that was the summary. of the sentence.

– The decision is correct and the reasons are clear and understandable. I think that Mr. Wojciech will gladly accept this verdict. We demanded a higher amount, but as the court said, the individualization of the case is not always based on the court fully satisfying such a claim – on the other hand, this amount is unprecedented in the region, because such a high amount has probably not been given so far. I believe that the lawyer of the representative of the State Treasury will try to protest against this decision, said the applicant’s lawyer Janusz Patralski after the trial.

Ewelina Gulińska

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