Arrest in Poland

Last updated: 09.05.2025

Legal Grounds for Arrest in Polish Criminal Law

Arrest in criminal cases in Poland is primarily regulated by the Polish Code of Criminal Procedure (Kodeks postępowania karnego) and can occur under certain circumstances as part of the criminal justice process.

Below is key information on arrest, detainee rights and legal procedures in Poland.

Types of Arrest in Poland: Police and Court Procedures

Arrest, regardless of how it is carried out, is one of the coercive measures in Polish criminal procedure. It always involves the short-term deprivation of liberty of the arrested person. Arrested persons are usually placed in isolation and are not free to act according to their will.

This phase is particularly sensitive in terms of protecting the defendant’s appearance before the court and mitigating flight risk or evidence tampering.

We can distinguish the following modes related to arrest:

• Capture in the act of committing a crime – by a citizen if someone is caught committing a crime. The captured person should be immediately handed over to the Police.
• Detention by the Police – when there is a reasonable suspicion that a crime has been committed.
• Pretrial arrest – by court decision when there is a need to secure the proceedings. This form of pretrial detention is often used when there are concerns about the defendant’s pourt appearance in court or the defendant’s risk of fleeing.

Police Detention in Poland: Legal Basis and Time Limits

The right to detain a suspect is granted to the police, but also to authorities that have been granted procedural rights to the police, such as the Border Guard, the Internal Security Agency, the National Revenue Administration, and the Central Anti-Corruption Bureau.

Although Poland does not have a formal structure of pretrial services officers as in the U.S. federal system, similar procedural oversight is provided by prosecutors and courts reviewing detention legality

A detention may be imposed on a suspect, i.e. a person who is suspected of committing crimes but has not yet been charged with a crime.

The following grounds for detaining a suspect exist:

• a reasonable suspicion that the suspect has committed a crime;
• fear that the person will flee or hide, or that they will cover up the traces of the crime, or that it is impossible to establish their identity;
• existence of grounds for conducting accelerated proceedings against the person.

The basic obligation is to inform the detainee of the reasons for the detention and their rights, and to listen to the detainee.

The detainee must be informed of their rights, including the right to contact a lawyer and to file appeal against the detention to the court.

Detention may last a maximum of 48 hours.

The detainee must be released immediately in the following cases:

• the reason for detention ceases to exist;
• within 48 hours of the detention, the detainee is not handed over to the court by an authorized body together with a request for pretrial detention;
• on the order of the court or public prosecutor
• within 24 hours of being brought before the court, the detainee must be informed of the charges during the first court appearance.

If the police request the public prosecutor to refer the matter to the court for the suspect to be remanded in custody, the public prosecutor is not obliged to refer the matter to the court and may apply a different preventive measure.

The renewed detention of a suspect based on the same facts and evidence is not permitted.

Pre-trial arrest in Poland: Legal Basis and Time Limit

Pre-trial arrest is one of the strictest preventive measures used in Polish criminal law. Pretrial detainees in Poland are held in detention centers while awaiting further stages of the criminal procedure.

Pre-trial arrest can take place only by court order (also in preparatory proceedings – the prosecutor requests the arrest, but the court decides).

Pre-trial arrest should not be used if another preventive measure is sufficient.

Those in pre-trial arrest are held in detention centers. Usually, these are the detention centers closest to the location where the case is being investigated.

In order to apply pre-trial arrest, it is necessary to gather evidence indicating a high probability that the defendant committed the crime. In preparatory proceedings, preventive measures may only be applied to a person against whom charges have been brought.

Unlike the grand jury system in the U.S., the Polish criminal procedure relies on prosecutorial discretion and judicial approval to initiate formal charges.

Importantly, the decision to apply or extend pre-trial arrest may be based on findings made solely on the basis of evidence available to the accused and his or her defense counsel.

Pre-trial arrest may be applied if:

• reasonable fear that the suspect will flee or hide, especially when their identity cannot be established or they have no permanent residence in the country;
• reasonable suspicion that the suspect will be severely punished;
• there is a reasonable fear that the suspect will induce others to give false testimony or explanations or otherwise obstruct criminal proceedings in an unlawful manner;
• reasonable fear that the suspect will commit a crime against life, health or public safety, indicating ongoing criminal activity.

As a rule, the court may order pre-trial arrest for a period of three months, which may then be extended by subsequent court orders.

Pre-trial arrest should not last longer than 12 months in preliminary proceedings conducted by the prosecutor. As a rule, pre-trial arrest should not last longer than 12 months.

Pre-trial detention should not last longer than 12 months in the course of preparatory proceedings conducted by the prosecutor.

As a rule, pre-trial detention should not last longer than 2 years until the first judgment is handed down by the district court.

However, the legislator has provided that if the preliminary proceedings cannot be completed or the first judgment cannot be issued within the above-mentioned time limits, a longer period of pre-trial detention is possible. The court of appeal may then extend the period of pre-trial detention beyond the above-mentioned time limits.

Sometimes courts also make the use of pre-trial detention dependent on the payment of a financial deposit. This is commonly referred to as the bail. This definitely requires the defense attorney to convince the court that the financial surety will be sufficiently painful for the suspect and that there is no need for arrest, but conditional pretrial arrest (release on financial surety) is permissible and practiced.

Electronic monitoring may also be imposed as an alternative preventive measure in some court settings.

Compensation for wrongful pre-trial detention in Poland – When you can claim?

A person who has been wrongfully remanded in custody is entitled to compensation and redress for material losses and injury suffered. A person who has been wrongfully remanded in custody is entitled to compensation and redress for material losses and injury suffered. In some cases, defendants released after unjust detention may still face challenges in reintegration, even though they were never found guilty or formally convicted.

In order to be eligible for compensation and redress, the following conditions must be met:

• The person must have been found not guilty, the proceedings must have been discontinued, or the person must have been given a non-custodial sentence – the person must not have been ultimately sentenced to imprisonment.
• The arrest must have been unjustified or illegal – the arrest must be deemed unjustified, e.g. if:
  • the charges brought against you turned out to be false,
  • the court had no grounds for ordering your arrest (probable cause was absent),
  • your arrest was grossly disproportionate.

Overuse of pretrial arrest can significantly impact the overall prison population, raising questions about necessity and proportionality.

You can obtain compensation if:

• You were found not guilty – the court found that you did not commit the crime.
• The proceedings were discontinued – e.g. lack of evidence, the act was not a crime.
• The arrest was unjustified – if it later turned out that there were no grounds for the arrest.

Compensation is not payable if the conviction was made but the sentence was less than the time spent in custody.

What benefits can you receive?

• Compensation – for financial losses (e.g. lost earnings, lawyer’s fees).
• Satisfaction – for moral injury, stress, psychological suffering and loss of reputation.

There is no upper limit to the compensation, but the amount is determined individually by the court. The court takes into account, among other things:

• the duration of the pre-trial detention,
• the financial and psychological consequences,
• the nature of the case.

NOTE! You have 1 year from the date of final discharge or discontinuation of the proceedings to file a claim for compensation for unlawful pretrial arrest.

What rights does a detainee have in Poland?

The rights of a detainee in Poland are rooted in constitutional guarantees of due process and are aimed at ensuring a fair trial throughout the criminal justice process.

Right to information about the reason for the detention

• The officer must state the legal and factual basis for the detention.
• The detainee should be informed of his or her rights.

Right to remain silent

• The detainee is not obliged to give explanations or answer questions.
• He or she may refuse to sign the interrogation report.

Right to a defense attorney

• The arrested person has the right to contact an attorney.
• They can request the defense attorney to be present during the questioning. If they lack the means to hire one, they may request legal assistance or legal aid.

Right to inform a relative

• The arrested person has the right to request that a designated person (e.g. a family member) be informed. This is particularly important when family ties are strong and emotional contact is crucial.

Right to immediate preparation of the detention protocol

• The detainee has the right to read the protocol and make comments, which strengthens due process compliance.

Right to contact a consul (for foreigners)

• If the detainee is not a Polish citizen, they have the right to contact the consul of their country, ensuring diplomatic protection and access to legal assistance.

Right to medical care

• If the detainee reports health problems, they should receive medical assistance.

Right to file appeal against the detention order

• The detainee can challenge the detention in court if they consider it illegal or unjustified.
• The court must consider the appeal immediately. which is a key element of the fair trial standard in Polish and European law.

Right to refuse to participate in proceedings without a lawyer

• If the detainee does not feel comfortable without the presence of a lawyer, they may refuse to participate in the hearing until they have contacted a lawyer.

How can we help in matters related to the pre-trial detention in Poland?

We offer:

• a detailed discussion of the arrest, its admissibility, scope of application and the resulting rights and obligations of the arrested person;
• an analysis of the legal and factual situation of the arrested person, including the legitimacy and legality of the actions taken in connection with the arrest;
• contact with the arrested person, as well as assistance in organizing contact and visits of the arrested person with his/her family;
• contact with the prosecutor and undertaking negotiations to change the measure and revoke the pre-trial arrest;
• participation in the interrogation of the suspect;
• preparing an appeal against the arrest warrant and representation in court;
• preparing an application for the revocation or conversion of the preventive measure at each stage of the proceedings;
• preparing an application for compensation or redress for wrongful arrest;
• analyzing the grounds and possibilities for revoking the European Arrest Warrant.

FAQ: Arrest and detention in Poland