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In March 2026, two constitutional complaints initiated proceedings before the Polish Constitutional Tribunal. Cases M.S. (SK 14/26) and N.S. (SK 18/26) challenge the legal basis for applying preventive detention. Both cases target Article 258 § 2 of the Code of Criminal Procedure. This provision allows courts to impose pre-trial detention solely based on the severity […]

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 […]

There is no doubt that questioning the suspect is a key evidence in criminal proceedings. Sometimes its conduct will be sufficient to conclude the case. Regardless of whether the suspect confesses to the act, explains the circumstances of the case in a manner favourable to him or refuses to give an explanation, the prosecution is […]

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 […]

There is no doubt that the pre-trial detention of board members can paralyze the operation of an entire company. Management board members are aware of this and when they make business decisions, they reckon with this risk. Unfortunately the pre-trial detention is often overused by the prosecutors. There is an “umbrella” that can protect the […]