Extension of pre-trial detention

‘Extraction arrest’ is a colloquial term for pretrial detention that is repeatedly extended in order to get the arrested person to confess to charges or incriminate others. Polish criminal procedure completely excludes the possibility of such arrest, which is basically an investigative method. Nevertheless, law enforcement authorities, with the approval of the courts, often use […]

This article concerns the use of pre-trial detention following a non-final judgment by a court of first instance. The author focuses on an analysis of the judgments issued by the Constitutional Court. They declare the current provisions of the Criminal Procedure Code regarding the application of the detention in question unconstitutional. In 2012, the Court […]

Pre-trial detention as solitary confinement, thus the most severe preventive measure, due to the ailment associated with its application, is limited by defining the permissible periods of its duration. In art. 263 of the Code of Criminal Procedure the legislator has regulated the permissible periods of applying pre-trial detention, indicating the basic date for applying […]

Pre-trial detention is the most severe preventive measure provided for in the Polish criminal procedure. Contrary to other measures stipulated in the Code of Criminal Procedure, the decision on the application of pre-trial detention may only be issued by a court which should follow the directive on minimizing preventive measures expressed in Art. 257 § […]