Criminal defense in Poland - How does it work?

Last updated: 05.02.2026 

How does criminal defense work in Poland?

Criminal defense in Poland is governed by the Polish Penal Code (Kodeks Karny) and by the Polish Code of Criminal Procedure (Kodeks postępowania karnego) which form the core legal regulations designed to ensure a fair trial for individuals accused of committing criminal offenses.

Below are the key aspects of criminal defense and legal proceedings in Poland.

Right to defense in Poland – who is entitled to it?

Every person accused of committing a crime in Poland has a fundamental right to defense legal representation at all stages of criminal proceedings. guaranteed by:

• Constitution of the Republic of Poland (Article 42)
• European Convention on Human Rights (art.6)
• The Code of Criminal Procedure (art.6)

These protections are grounded in both national and international legal rules that ensure due process

Significantly, the Polish Code of Criminal Procedure stipulates that the provisions relating to the accused apply accordingly to the suspect, so already a suspect who has not yet been charged is also entitled to the right of defense.

Moreover, persons who have not been formally charged, but who are of potential interest to law authorities, may protect their interests by appointing an attorney to represent the person in actions before law enforcement authorities. This right derives from Article 87 § 1 of the Code of Criminal Procedure, according to which a party other than the accused may appoint an attorney.

Polish law enforcement agencies will often question persons of interest as witnesses in order to later bring charges against these persons. This is a significant abuse because a witness is not entitled to the same rights as a suspect, including not being able to refuse to give an explanation. In such a situation, however, the witness may be assisted by a lawyer, who may participate in the questioning, which may be particularly important and affect the further conduct of the proceedings or their abandonment.

In summary, the right to defense is granted to:

• the suspect
• the accused
• a person of interest to law enforcement, but who is not formally a suspect.

How to appoint a defense attorney in Poland?

The defense counsel can only be a professional attorney or counselor, which is a certain guarantee of the right to defense as well.

• A defense counsel can be established by granting a written authorization to defend.
• A defense counsel can also be established in the course of actions by oral statement into the protocol.

NOTE: If you have been temporarily arrested or for other reasons cannot personally give authorization to defend yourself, a third party, most often a family member, can do so on your behalf.

How many defenders can you have in criminal proceedings in Poland?

In Poland, a maximum of 3 defenders can be appointed.

What rights does a suspect/accused have in Poland?

The most important rights of the suspect/accused are listed below:

• the right to give explanations but also the right to refuse to give explanations and to refuse to answer particular questions without giving reasons. Explanations can also be given as to any evidence in the case.
• the right to request an explanation in writing.
• the right to request the participation of defense counsel in the course of interrogation or investigation activities.
• the right to protection of attorney-client privilege between the defense counsel and the suspect/accused.
• the right to make requests for evidence and evidentiary actions during the investigation or court proceedings, and moreover, the right to participate in the activities conducted by the prosecutor’s office in person or by a defense counsel.
• the right to access the case file and to make photocopies of the file with the permission of the prosecutor.
• the right to justification of the authorities’ decisions, including justification of detention or charges brought.
• the right to appeal against decisions made during the proceedings, including the right to appeal against the verdict.
• the right to the free presence of a foreign language translator when the suspect/accused does not speak Polish.
• the right to ask questions of those being questioned.
• no obligation to prove his innocence and provide evidence against him.
• the right to final familiarization with the materials of the investigation and to submit a request to supplement the material.

Is it possible to control conversations and correspondence with a defense attorney?

Attorney-client privilege between defense counsel and client is a fundamental right and principle in the criminal process.

As a general rule, defense counsel may also freely communicate with a temporarily arrested client, but certain exceptions have been made in this regard.

During only the first 14 days of the suspect’s pre-trial detention, the prosecutor may stipulate, only in particularly justified cases and if the good of the pre-trial investigation requires it, that he be present when the defense counsel communicates with the suspect in person or through an authorized person. During this period and also only in particularly justified cases, the prosecutor may also reserve control of the suspect’s correspondence with the defense counsel.

The prosecutor’s decision to restrict the freedom of the suspect to communicate in person with the defense counsel, as well as the decision to restrict the freedom of correspondence between the suspect and the defense counsel is not appealable.

When is the participation of a defense attorney mandatory in Poland?

As a general rule in the Polish legal system, the use of defense counsel is a right of the suspect and the accused, which they do not have to exercise.

However, there are cases in which the action of a defense attorney in a case is mandatory:

• • The accused is under the age of 18,
  • The accused is deaf, mute or blind,
  • There is a reasonable doubt as to whether the defendant’s ability to recognize the meaning of the act or to direct his or her conduct was not disabled or significantly impaired at the time the act was committed,
  • There is a reasonable doubt whether the defendant’s mental health condition allows him to participate in the proceedings or conduct his defense in an independent and reasonable manner,
  • The defendant must also have a defense counsel if the court deems it necessary due to other circumstances hindering the defense,

• The accused must have a defense counsel in proceedings before the district court if he is charged with a felony (more serious crime).

What is the role of the defense attorney in Poland?

A defense attorney in Poland plays a key role in ensuring that the rights of the accused are protected throughout the proceedings.

His duties include:

• explaining the scope of criminal liability
• advising on legal issues
• representation during investigation, interrogation and trial activities
• relating to evidence and presenting counter-arguments
• filing motions, pleadings, complaints, appeals
• negotiating plea bargains and sentencing with the Prosecutor
• monitoring the course of the proceedings and the rights of the defendant

Access to effective legal aid ensures that suspects fully understand their rights and procedural options.

What are the stages of criminal proceedings in Poland?

Criminal proceedings usually begin with the notification of a crime or its initiation as a result of information otherwise obtained by the prosecuting authority and are divided into the following stages:

• preliminary proceedings (conducted in the form of an investigation or inquiry most often by the Prosecutor’s Office and the Police),
• main proceedings (before the court of first instance),
• appellate proceedings (‘control’, before the court of second instance and the Supreme Court),
• executive proceedings (implementation of the execution of punishment).

Pre-trial proceedings, known as preparatory proceedings, is divided into two stages:

• proceeding in a case, when law enforcement agencies try to determine whether a criminal act has been committed and who the perpetrator is,
• proceedings against a person, when the evidence gathered allows a specific person to be charged with a criminal act (the issuance of a decision to present charges).

In pre-trial proceedings, the parties are the victim and the suspect.

In pre-trial proceedings, the authorities collect data and evidence, and in exceptional situations provided by the law may use surveillance and wiretapping. Search warrants and the blocking or securing of cash or other assets may also be issued. Suspects may be questioned or detained (pretrial detention may last up to 3 months, with the possibility of extension). During the course of these actions, a defense attorney may be present and challenge individual actions and decisions.

Court proceedings most often begin with the filing of an indictment with the court.

The trial takes place before a district court (District Court) or a regional court (Regional Court), depending on the severity of the case.

The most important part of the trial is the main hearing, during which evidence is taken, such as witness testimony or expert opinions. The defendants can challenge the prosecution’s version and present counter-evidence.

The hearing ends with the issuance of a verdict.

The court’s decision in a criminal case may be:

• acquittal of the accused,
• discontinuance of the proceedings,
• conditional discontinuance of proceedings
• conviction of the accused.

In the case of conviction, penalties may include fines, imprisonment, restriction of liberty, confiscation of assets.

Appeals and complaints can be filed with higher polish courts, the Supreme Court, and even the Constitutional Court for violations of the law, and the European Court of Human Rights.

Does the suspect have any obligations at the pre-trial stage?

Among the most important of suspect’s obligations are:

• the obligation to submit to examinations that do not endanger bodily integrity, fingerprinting and photography,
• the obligation to undergo psychological and psychiatric evaluations, as well as medical procedures such as taking samples of blood, hair or secretions (e.g., saliva) if necessary.

Note: Refusal to submit to such procedures may result in an order for detention and forcible arrest or participation, including possibly the use of physical force or means to incapacitate, if necessary.

• the obligation to appear before the summoning authority and notify the relevant authority of any change of residence that lasts more than 7 days.

If you do not appear before the summoning authority and do not justify your absence, you may be detained and led by the Police.

• the obligation to provide the address to which all correspondence on your case will be directed.

Failure to provide an address may prevent you from appealing unfavorable decisions made during the proceedings.

What preventive measures can be used by the prosecution and the court in criminal proceedings?

To secure the proceedings, the court or prosecutor’s office may apply:

• pretrial detention (up to 3 months, possible extension)
• police supervision – an obligation to report to the police at specified times
• ban on leaving the country and retention of passport
• property surety – bail as security
• suspension from the practice of official or professional activities
• an order to refrain from a certain activity or from driving a certain type of vehicle
• prohibition to compete for public contracts for the duration of the proceedings.

Is it possible to negotiate a penalty with the prosecutor and end the criminal proceedings voluntarily without an evidentiary hearing and trial?

Polish criminal law allows in some cases to negotiate the terms of the prosecution.

The defense attorney can negotiate a plea bargain with the prosecutor, which can result in:

• a lower sentence,
• a simplified trial and the absence of an evidentiary hearing.

However, the agreement must be approved by the court and, in some cases, by the victim.

The prosecutor may attach to the indictment or prepare instead of the indictment a request for a guilty verdict and the sentences previously agreed upon with the defendant. The condition for granting the motion is:

• The crime in question is a minor (the motion cannot be filed if the defendant is charged with a felony).
• The circumstances of the commission of the act are not in doubt.
• The behavior of the offender indicates that the goals of the proceedings will also be achieved without a trial.
• The victim does not oppose the motion.

A corresponding motion for conviction without trial can also be filed at a later time in a slightly different procedure, until all defendants in the case have been heard. The court may grant such a motion if:

• The circumstances of the crime and the guilt of the perpetrator are not in doubt.
• The goals of the proceedings will be achieved despite not holding a hearing in its entirety.
• In addition, neither the prosecutor nor the victim objects to granting the motion.
• In addition, the court may grant the application subject to certain amendments to it.

Granting the request for voluntary surrender of punishment, the court may apply extraordinary reduction of punishment, regardless of whether there would otherwise be grounds for this.

Conditional discontinuance of criminal proceedings in Poland – when is it possible?

In certain situations, instead of an indictment, the prosecutor may file a motion with the court for conditional discontinuance of proceedings against the suspect. Such a motion may also be filed by the accused after the indictment has already been sent to court.

The effect of conditional discontinuance is not to convict the perpetrator, but to determine the perpetrator and rule on his guilt – in this case, the court issues a verdict conditionally discontinuing the proceedings and rules on the guilt of the perpetrator, but this is not the same as a conviction.

The advantage of conditional discontinuance is that no punishment is pronounced for the offender’s crime, but a probationary period of one to three years is pronounced (the court may impose certain obligations on the offender during this period).

In order for the court to grant a request for conditional discontinuance of proceedings, the following conditions must be demonstrated:

• the crime in question is not punishable by more than 5 years’ imprisonment.
• the guilt of the offender and the social harmfulness of the act are not significant.
• the circumstances of the commission of the act are not in doubt.
• the perpetrator has not been previously punished for an intentional crime.

the characteristics and personal qualities of the perpetrator, as well as his past behavior and way of life, justify the belief that he will respect the legal order in the future, and in particular that he will not commit a crime again.

Are there any special criminal proceedings in Poland?

We can distinguish the following special types of criminal proceedings:

• Juvenile offenders – special procedures governed by the Juvenile Procedure Act apply to offenders under the age of 18.
• Economic and financial crimes (white collar crimes) – white collar crimes in Poland are regulated primarily by the Polish Criminal Code, the Fiscal Penal Code and other specialized laws regulating financial markets, taxation and the operation of companies. These crimes typically involve fraud, corruption, tax evasion and other illegal activities undertaken in business or public administration.
• Extradition and European Arrest Warrant (EAW) – Poland cooperates with other EU countries in criminal matters.

Which authorities in Poland are responsible for prosecuting white-collar crimes?

Several law enforcement and regulatory bodies in Poland investigate economic crimes:

• the Police and Prosecutor’s Office

Handles general fraud, financial crimes and corporate crimes.

Conducts preliminary investigations, collects evidence and prepares indictments.

• the Central Anti-Corruption Bureau (CBA)

Specializes in investigations of corruption and bribery, particularly in government administration and public procurement.

May conduct surveillance, undercover operations and financial audits.

• the National Tax Administration (KAS)

Investigates tax fraud, VAT fraud (VAT carousels), customs violations and financial crimes.

It can conduct tax audits, seize assets and impose administrative fines.

• the Financial Supervisory Commission (KNF)

Regulates and investigates financial market violations, such as insider trading, securities fraud and money laundering, as well as conducting financial instrument trading without a license.

It can impose fines and sanctions on financial institutions.

• Central Bureau of Police Investigation (CBŚP)

Deals with organized crime, including large-scale fraud and money laundering.

It works closely with international agencies such as Europol, Interpol and OLAF (the EU Anti-Fraud Office).

How can we help in criminal matters?

Our specialists – criminal law team members have extensive experience in appearing before courts, law enforcement agencies and international justice institutions at every stage of criminal proceedings. We also offer assistance before tax, criminal and fiscal authorities and other state bodies.

If you are involved in an economic crime case in Poland, consulting a defense attorney can be very important, with whom you will jointly arrange a line of defense.

If a European Arrest Warrant has been issued against you, also contact us to verify its grounds and the possibility of its revocation.

We act in an interdisciplinary manner, also using the support of independent experts in the field, foreign language translators and tax advisors.

If you need help in a criminal case and do not know how to find yourself in the realities of the Polish system and do not know what rights you have – contact us and we will take care of your safety.