Proposed amendments to the Code of Criminal Procedure regarding pre-trial detention

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 have been several draft amendments over the past few months. Now a group of MPs from Koalicja Obywatelska has presented their proposed amendments.

In recent years, the issue of pre-trial detention has attracted growing attention not only from the public but also from international institutions, including the European Court of Human Rights, which has repeatedly pointed to violations stemming from the disproportionate use of this measure in Poland. The actions of the NGOs seem to have had the intended effect, as it is possible that we will soon witness one of the most important amendments to the criminal law provisions this year.

In response to these critical assessments, the group of MPs, represented by Barbara Dolniak, has drafted a series of amendments to the Code of Criminal Procedure aimed at reforming the provisions governing the ordering and extension of pre-trial detention. The proposed changes include, among others, stricter formal requirements, the introduction of additional procedural safeguards for the accused, and enhanced appellate review of detention decisions. The aim of the reform is to reduce the arbitrariness of judicial decisions, encourage the use of less intrusive preventive measures, and better balance the interests of the justice system with the rights of the individual.

Full article is available in Polish here.

Article is available in Polish here.