The draft bill in criminal proceedings – key changes

The draft amendment prepared by the Codification Commission for Criminal Law introduces significant changes to the Polish Code of Criminal Procedure. The most important amendments concern the definition of a suspect, the use of materials obtained through operational surveillance, pre-trial detention, and the rules on lifting professional secrecy.

The reform aims to restore constitutional and Convention standards and to rebalance procedural guarantees. Although the proposal is largely corrective in nature, certain provisions may raise interpretative concerns in practice.

The procedural provisions of the draft reform bill are clearly designed to provide safeguards. It does not overhaul the entire trial model. However, it amends provisions which, in recent years, have weakened the position of the suspect and reinforced the discretionary powers of law enforcement agencies.

The most significant changes concern the moment at which suspect status is acquired, the rules governing the use of materials from operational surveillance, the use of pre-trial detention, and the protection of professional secrecy. In each of these areas, the draft strengthens judicial oversight and limits situations in which formally permissible actions led to a real weakening of the right to a defence.

Also of significant importance are the amendments concerning the prosecutor’s objections, standardised justifications for judgments, and the transfer of cases to other courts. The draft explicitly reduces the prosecutor’s influence on decisions regarding changes to preventive measures, letters of immunity, or the exclusion of public access to hearings. It strengthens the role of the court as an independent arbiter.

If the amendment comes into force in its proposed form, criminal proceedings will become more predictable and transparent. The position of the individual in relation to the state will be strengthened, whilst law enforcement agencies will retain effective tools for action.

Full article is available in Polish here.

Article is available in Polish here.