Duration and Efficiency of Proceedings Regarding Compensation for Wrongful Conviction, Detention on Remand and Arrest in the Light of Case-file Research
The right to have a case heard within a reasonable time is particularly important in cases aiming at compensating miscarriages of justice. Polish Code of Criminal Procedure provides for a special procedure allowing to claim compensation for wrongful conviction, detention on remand and arrest. The aim of the article is to analyse the duration and efficiency of such proceedings. The authors base their conclusions on case-file research conducted in seven district courts in Poland. The total of 234 cases were analysed in order to establish what is the length of compensation proceedings, how the trial is organised and conducted, as well as what are the factors that negatively affect the speediness of cases’ examination. The majority of compensation proceedings were conducted promptly. The research has revealed several structural and organisational problems affecting the examination of compensation cases.