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Pre-trial detention, as one of the most severe preventive measures in the Polish legal system, has long been a source of controversy within both legal circles and broader society. As pointed out in our article on electronic detention, the current form of the provisions of the Code of Criminal Procedure leaves room for abuse. There […]

On 4 February 2025, the Commission for the Codification of Criminal Law, acting under the Ministry of Justice, prepared a draft amendment to the criminal law provisions. It provides for the introduction of a completely new preventive measure in the form of electronic detention. It is intended to be an alternative to traditional pre-trial detention, […]

The Court Watch Foundation 2024 report highlights the overuse of pre-trial detention in Poland, particularly concerning business executives and company board members. Intended as a last resort to ensure the proper course of proceedings, pre-trial detention often becomes a routine tool. This practice disproportionately affects individuals leading stable lives, such as entrepreneurs, whose isolation not […]

The 14th Conference of the Court Watch Poland Foundation was held on 20 September 2024. It included an Oxford debate on the topic: ‘Are amendments to the provisions of the Code of Criminal Procedure necessary for Poland to stop losing cases related to the use of pre-trial detention before the ECtHR?’. One of the participants […]

The Polish legislator implemented various forms of securing the course of proceedings against obstruction or escape of suspects. Unfortunately, the most frequently used and at the same time the most severe is pre-trial detention. It is used too mechanically and instrumentally. Particularly, in a situation where non-custodial preventive measures, including the bail, may prove effective. […]

In March this year The Supreme Bar Council published a report on the evaluation of the regulations and standards for the use of pre-trial detention in Poland by advocates and trainee advocates. Defenders, who are often in a position to observe the application of the regulations and the widespread practice, are critical of both the […]

On January 1st, 2023 most of the changes in Executive Criminal Code provided by the Act dated August 5th, 2022 came into force. Some provisions were made effective already in September, 2022. The changes are supposed to, among other things, streamlining procedures of pre-trial detention. A board member who has been detained should be aware […]

Ladies and Gentlemen,   first of all, I am very pleased that you came here. Maybe by accident, maybe on purpose, but we hope that the content on this page will interest you enough that you will stay with us for longer. Below you will find answers to the basic questions that were our starting […]

The possibility of applying pre-trial detention is conditioned by the simultaneous occurrence of the general condition and the so-called specific reasons. The general premise is the evidence collected in the case showing a high probability that the suspect has committed the alleged act. It is indicated that the probability of the suspect committing the alleged […]