Last updated: 30.10.2025 
Extradition Law in Poland
What is extradition and what are its principles? Who can avoid it? We answer these questions and explain how the extradition procedure works.
Extradition proceedings in Polish law
Extradition is a legal procedure designed to enable the effective prosecution of crimes and enforcement of sentences beyond the borders of any one country. It is an integral part of international extradition cooperation in criminal matters, whereby one country surrenders a suspect or convicted person to another foreign state requesting such action through a formal extradition request.
This process involves the surrender by a state to the authorities of another foreign country of a person residing in its territory, in a situation where the person:
- is suspected of having committed a criminal offence on the territory of the state demanding surrender, or
- has already been validly convicted and the extradition is intended to allow the person to serve the adjudicated sentence.
Extradition, which is the surrender of a suspect or convicted person for trial or to serve a sentence in another country, is carried out on the basis of international agreements. A key condition is also that the country asking for extradition must guarantee that it would do the same itself in a similar situation – this is what we call the principle of reciprocity.
Most countries, including Poland, do not allow extradition of their citizens or persons who have been granted asylum on their territory.
Extradition may be requested by a state in a situation where:
- The crime was committed in its territory.
- A crime committed outside its borders extends its effects to its territory.
Three pillars of extradition in poland
Extradition in international law is based on three key principles:
| Principle | Description | Example |
| Dual criminality | The act that forms the basis of an extradition request must be punishable in both countries. | If a person is searched in country A by country B for a financial crime, and in country A the act does not constitute a crime, such a person will not be extradited under dual criminality treaties. |
| Specialty | The person extradited may only be prosecuted for the crimes indicated in the extradition request. | If country A extradites a person to country B on charges of theft, country B cannot charge that person with other crimes, for example, fraud, that were not indicated in the extradition request. |
| Ban on extradition of asylum seekers | Asylum-seekers cannot be surrendered, even if other conditions for extradition are met. | A political refugee from country A accused of a crime will not be extradited if there are human rights concerns or risk of persecution in country A. |
What is the extradition procedure in the Republic of Poland?
1. Extradition request
The state seeking the person submits an extradition request. The request usually goes through diplomatic channels to the Ministry of Justice or the General Prosecutor’s Office in Poland.
2. Formal and legal evaluation of the application
The documents must contain a detailed description of the crime, evidence and legal grounds. In Poland, the prosecutor examines the application, checking whether it meets the formal requirements and whether the crime is also punishable in the Polish legal system.
3. Judicial Decision
The district court holds an extradition hearing and decides whether extradition is permitted. The person sought has the right to legal representation and to defend themselves, including presenting evidence in their favor.
The court deciding the case examines whether the request meets legal criteria, including dual criminality and compliance with human rights standards.
4. Decision of the Polish Minister of Justice
Even if the court agrees to extradition, the final decision rests with the Minister of Justice, who can refuse it on political or humanitarian grounds.
5. Transfer of the person
The final stage is the physical transfer of the person to the authorities of the requesting state. This is done with the cooperation of the police of both countries.
Who can avoid extradition in Poland?
Not every person subject to an extradition request is extradited. There are specific situations that can effectively prevent extradition:
| Grounds for refusal | Description | Example |
| Polish citizenship | Poland does not surrender its citizens, except in special cases, such as the European Arrest Warrant. | A Polish citizen suspected of a crime abroad can be prosecuted in the homeland and not extradited to another country requesting extradition. |
| Right of asylum | Asylum beneficiaries are protected from extradition. | A refugee from a country where he faces death will not be released, even if he is wanted for a crime. |
| Risk of violation of rights | If there is a risk of torture, inhuman treatment or unfair trial in the requesting country. | If State X asks for the surrender of a person, but its justice system violates human rights, then Poland will refuse to extradite the person to State X. |
| Death penalty | Poland does not extradite people to countries where they face the death penalty unless their non-execution is guaranteed. | A person wanted in the US for murder will not be released without a guarantee that the death penalty will not be applied. |
Extradition in Poland – Legal Assistance
Extradition proceedings can be complex and require careful legal navigation. In Poland, individuals facing extradition – whether they are Polish citizens, residents, or foreigners – are entitled to legal assistance at every stage of the process.
Legal counsel plays a vital role in protecting the rights of the person concerned, ensuring that the extradition complies with both Polish law and applicable international treaties. This includes verifying whether the offense in question is extraditable, whether the request concerns the same person and the same act, and whether procedural and human rights standards are being upheld.
Polish courts are responsible for evaluating the validity of an extradition request, reviewing the evidence provided, and determining whether the conditions for extradition are met. If the court finds the request admissible, it issues a ruling, but the final decision rests with the Minister of Justice, particularly in cases involving political concerns or humanitarian issues.
Given that extradition cases often involve diplomatic sensitivities and foreign affairs considerations, coordination between legal representatives and government institutions may be necessary.
FAQ – Extradition in Poland
Can Poland refuse to extradite a citizen of the European Union?
Yes, if human rights would be violated or the crime is not punishable in Poland.
How long does the extradition procedure take in Poland?
The process can take from a few months to even a few years, depending on the complexity of the case and the number of appeals.
Does extradition apply to all crimes in Poland?
No. Political crimes, minor offenses or those that are not punishable in Poland may be excluded from extradition.
What initiates the extradition process in Poland?
The extradition process begins when a foreign government or foreign authorities submit a formal extradition request based on an extradition treaty, extradition agreement, or other international treaty obligations.
Can Poland extradite its own citizens?
Generally, Poland does not extradite its own citizens, but exceptions exist under extradition treaties or if required by a specific extradition agreement or European court ruling.
Who has the final authority in extradition cases?
Even after a judicial authority issues a ruling, the final decision lies with the Minister of Justice, especially in matters involving political nature, fundamental rights, or refusing extradition due to humanitarian concerns.
What rights does the requested person have during an extradition hearing?
The requested person has the right to defence counsel, presentation of evidence, and a fair trial under Polish criminal procedure and relevant treaty obligations.
Can extradition be refused due to the risk of capital punishment?
Yes. If the alleged crime carries such a penalty as the death sentence, Poland may refuse the extradition unless the foreign government guarantees that capital punishment will not be carried out.
Does Poland cooperate with foreign countries on all types of offences?
Extradition is generally granted only for serious crimes, especially under bilateral treaties. Crimes of a political nature or those not meeting international affairs standards may be excluded.
What role does the prosecutor play in an extradition case?
The prosecuting authorities assess whether the alleged offences meet the requirements of an applicable treaty, if the extradited person should be subject to criminal proceedings, and whether provisional arrest is justified.
Are there international obligations that bind Poland to extradite?
Yes. Poland must respect treaty obligations under foreign relations and international affairs frameworks, especially where an act covered by the extradition treaty involves cross-border cooperation.
