Criminal Law in Poland
Global solutions with a local perspective
What we do
What we do
Kopeć & Zaborowski is one of the leading Polish law firms. We have the largest team in Poland dealing with criminal law in its broadest sense. We represent defendants in all types of domestic and international proceedings.
We have been building a team of specialists in criminal law for many years. Our lawyers are fully committed to representing clients and fighting for their rights. Experienced advocates and legal advisors are a guarantee of conducting the criminal process according to the highest standards.
We have extensive experience in appearing before courts, law enforcement agencies and international justice institutions. We also offer assistance before tax and other government authorities.
With courage and determination, we are able to truly care about the safety and rights of our clients. We act in an interdisciplinary way, using the support of detectives, auditors and tax advisors. We have conducted the most famous Polish criminal trials.
If you need help in a criminal case and do not know how to find your way in the realities of the Polish justice system – contact us.
For who
Who we work for?
We have the largest team in Poland specializing exclusively in criminal law, consisting of more than 25 lawyers. For years we have been at the top of Polish and international rankings in the field of criminal law, such as Forbes – Best Law Firms in Poland, The Legal 500, Who is who Legal (WWL), The Lawyer European Awards, Benchmark Litigation Europe and the prestigious ranking of the daily newspaper “Rzeczpospolita“.
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OPINION ON OPERATIONS OF SPECIAL SERVICES IN POLAND
OPINION ON OPERATIONS OF SPECIAL SERVICES IN POLANDEXTRADITION OF A RUSSIAN NATIONAL
EXTRADITION OF A RUSSIAN NATIONALINTERDISCIPLINARY ADVISORY SERVICES FOR AN INTERNATIONAL INVESTMENT FUND
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Criminal Law Poland
Criminal Law in Poland: Expert Legal Representation for International Clients
Navigating the complexities of criminal law in Poland can be overwhelming, especially for foreign nationals who find themselves entangled in legal proceedings on unfamiliar territory. The Polish legal system, while based on continental European legal principles, has its unique characteristics that require specialized knowledge and expertise. At Criminal Law Poland, we understand these challenges and offer comprehensive legal support to international clients facing criminal charges or investigations in Poland.
Our international law firm specializes exclusively in criminal defense, providing expert representation across all stages of criminal proceedings – from initial police investigations to court trials and appeals. With a team of seasoned criminal defense attorneys fluent in multiple languages, we bridge the gap between foreign clients and the Polish judicial system, ensuring that language barriers and cultural differences don’t compromise your legal rights.
Whether you’re a tourist who encountered legal troubles during your visit, a business professional facing white-collar allegations, or an expatriate resident dealing with criminal charges, our experienced legal team stands ready to protect your interests and guide you through Poland’s criminal justice system with professionalism and dedication.
What are the fundamental principles of criminal law in Poland?
The Polish criminal legal system operates under a civil law framework, with codified statutes serving as the primary source of law. The Criminal Code of Poland (Kodeks karny) establishes the foundation of criminal law, defining offenses and their corresponding penalties. One of the cornerstone principles in Polish criminal proceedings is the presumption of innocence – every person is considered innocent until proven guilty beyond reasonable doubt.
Poland’s criminal procedure follows the inquisitorial system, where judges take an active role in examining evidence and questioning witnesses. This differs significantly from the adversarial approach common in Anglo-Saxon legal systems, where attorneys dominate the proceedings. For foreign defendants, this procedural difference can be particularly challenging to navigate without proper legal guidance.
Another key principle is the right to defense, which is constitutionally guaranteed to all defendants, regardless of nationality. This includes the right to legal representation and the right to remain silent. Our criminal defense lawyers ensure these fundamental rights are protected throughout the entire legal process.
How does the Polish criminal procedure work for international defendants?
Criminal proceedings in Poland typically begin with a preparatory phase (postępowanie przygotowawcze) conducted by the prosecutor’s office or police. During this stage, evidence is collected, witnesses are interviewed, and the suspect may be questioned. For foreign nationals, this initial phase can be particularly daunting, as they have the right to an interpreter but may not fully understand the nuances of Polish criminal procedure.
If charges are filed, the case proceeds to court for the judicial phase (postępowanie sądowe). Here, the evidence is examined, witnesses testify, and both prosecution and defense present their arguments. The court then deliberates and issues a verdict. Throughout this process, international clients benefit greatly from having specialized criminal attorneys who understand both Polish criminal law and the unique challenges faced by foreigners.
Appeals in the Polish system can be filed to the Court of Appeal and, in certain cases, to the Supreme Court. The appeals process provides an important safeguard, especially for international defendants who might have experienced procedural irregularities during their trial. Our legal team has extensive experience handling appeals for foreign clients, ensuring their cases receive proper review.
What types of criminal cases do we handle for international clients?
At Criminal Law Poland, we provide comprehensive legal representation across the full spectrum of criminal matters. Our practice areas include white-collar crimes such as fraud, embezzlement, tax evasion, and money laundering – offenses that international business professionals might unfortunately encounter. We understand the reputational stakes involved in these cases and work diligently to protect both your legal interests and professional standing.
Our criminal defense attorneys also handle drug-related offenses, which can be particularly problematic for tourists or visitors unfamiliar with Poland’s strict drug laws. Additionally, we represent clients in cases involving violent crimes, property crimes, cybercrime, and traffic violations resulting in criminal charges.
For expatriates and long-term residents, we offer assistance with specialized areas such as extradition proceedings, European Arrest Warrants, and international judicial cooperation. Our firm’s international focus ensures we’re well-equipped to navigate these complex cross-border legal challenges.
What are the potential penalties under Polish criminal law?
The Polish penal system employs various forms of punishment, with imprisonment being the most severe. Prison sentences can range from one month to 25 years, with life imprisonment reserved for the most serious offenses. For less severe crimes, the courts may impose restricted liberty, which limits certain freedoms without full incarceration, or fines calculated based on the severity of the offense.
Importantly for foreign defendants, Polish courts can also issue suspended sentences for less serious crimes, particularly for first-time offenders. This allows the convicted person to avoid imprisonment if they comply with certain conditions during a probationary period – a crucial option for international clients who need to return to their home countries.
Additional consequences might include bans from certain professions, driver’s license revocation, or mandatory participation in treatment programs. Our criminal law specialists work to minimize these penalties whenever possible, often negotiating alternative sanctions that acknowledge our clients’ international circumstances.
How does legal representation work for foreigners arrested in Poland?
When a foreign national is arrested in Poland, they have the right to contact their embassy or consulate, access legal representation, and receive translation services during all official proceedings. However, these rights must be actively exercised, and without proper guidance, foreigners may not fully benefit from these protections.
Our law firm provides immediate assistance following arrest, ensuring that international clients understand their rights and the charges against them. We coordinate with detention facilities, arrange for interpreter services, and establish communication channels with family members abroad – crucial services during the stressful post-arrest period.
For international clients, pre-trial detention presents particular challenges. Polish courts may be more inclined to order detention for foreign suspects due to flight risk concerns. Our criminal attorneys work diligently to secure alternatives to detention, such as bail, passport surrender, or police supervision, allowing our clients to await trial in less restrictive conditions.
Can you navigate a criminal trial without speaking Polish?
While Polish is the official language of court proceedings, international defendants have the right to interpreter services throughout the criminal process. However, the quality and availability of court-appointed interpreters can vary significantly. Nuances, cultural references, and legal terminology may be lost in translation, potentially affecting the outcome of your case.
Our legal team includes multilingual criminal defense lawyers who can communicate directly with clients in English and several other languages. This direct communication ensures nothing is lost in translation when discussing case strategy, explaining legal options, or preparing for court appearances.
Beyond language barriers, understanding cultural and procedural differences is equally important. What might seem like a reasonable defense strategy in one legal system could be counterproductive in Poland. Our attorneys bridge these gaps, helping international clients navigate the unspoken rules and cultural expectations of Polish courtrooms.
What are the unique challenges faced by foreigners in Polish criminal cases?
International defendants often face unique obstacles within the Polish criminal justice system. Distance from support networks, unfamiliarity with local customs and legal traditions, and implicit biases can all impact case outcomes. Additionally, practical matters like arranging court appearances while managing visa restrictions add layers of complexity not experienced by local defendants.
Evidence collection presents another challenge, as relevant witnesses or documents may be located abroad. Our criminal law specialists have established networks of international legal professionals to assist with gathering evidence across borders, conducting remote witness interviews, and authenticating foreign documents for use in Polish courts.
For many foreign clients, the uncertainty surrounding the length and outcome of criminal proceedings causes significant anxiety. Our attorneys provide realistic timelines and clear explanations of procedural steps, helping clients make informed decisions about whether to remain in Poland during proceedings or make arrangements to return for critical court dates.
How does our international criminal law firm approach defense strategies?
Our approach to criminal defense begins with a comprehensive case assessment, examining the evidence, procedural history, and potential legal challenges. For international clients, this includes evaluating how their foreign status might influence the proceedings and identifying opportunities to use international treaties or EU directives to strengthen their position.
We develop customized defense strategies that account for each client’s unique circumstances, including their need to return to their home country, professional obligations, and family considerations. This might involve negotiating for case dismissal, pursuing plea agreements, or preparing for full trial defense, always with an eye toward the practical implications for our international clients.
Throughout the representation, we maintain transparent communication, ensuring clients fully understand their legal options and the potential consequences of different approaches. This client-centered focus has earned us a reputation as trusted advisors for foreigners navigating the complexities of Poland’s criminal justice system.
What types of white-collar criminal cases do we handle?
Our firm has particular expertise in representing international clients facing white-collar criminal allegations in Poland. These complex cases often involve charges of financial fraud, securities violations, corporate embezzlement, or corruption – all areas requiring both legal acumen and business understanding.
Tax crime defense represents another significant portion of our practice, as cross-border tax issues can quickly escalate into criminal investigations. We work with financial experts to untangle complicated tax matters and present clear explanations to prosecutors and courts, often demonstrating that alleged violations resulted from misunderstandings rather than criminal intent.
For business professionals, criminal allegations can have devastating professional consequences beyond the legal penalties. Our approach includes reputation management considerations, working discreetly to resolve matters with minimal public exposure whenever possible, while still vigorously defending our clients’ legal interests.
How do we handle drug offense cases for international clients?
Poland maintains relatively strict laws regarding controlled substances, and foreign nationals – particularly tourists or students – sometimes find themselves facing drug possession or trafficking charges. Our criminal attorneys have extensive experience representing international clients in these sensitive cases, understanding both the legal and personal stakes involved.
For minor possession cases, we often pursue alternative resolutions such as conditional dismissals or treatment-based diversionary programs. When appropriate, we negotiate with prosecutors to reduce charges or penalties, taking advantage of provisions in Polish law that allow for more lenient treatment of first-time offenders.
In more serious drug trafficking cases, our defense strategy typically focuses on challenging the evidence collection procedures, questioning the chain of custody, and examining whether proper search protocols were followed. For international clients, we also explore whether language barriers or cultural misunderstandings played a role in the alleged offense.
Why choose our criminal defense attorneys for your case in Poland?
Our law firm offers a unique combination of deep expertise in Polish criminal law and genuine understanding of the challenges faced by international clients. Our criminal defense attorneys have represented clients from dozens of countries, developing specialized knowledge about the intersection of Polish criminal proceedings and foreign defendants’ rights.
We pride ourselves on accessibility and responsive communication – critical qualities when clients may be thousands of miles away. Our team remains available across time zones, providing regular case updates and promptly addressing concerns as they arise. This commitment to communication helps reduce the anxiety inherent in facing criminal charges in a foreign country.
Perhaps most importantly, we approach each case with cultural sensitivity and respect for our clients’ diverse backgrounds. We recognize that being accused of a crime in a foreign country creates unique vulnerabilities, and we strive to provide not just legal representation but also the reassurance and guidance needed during these challenging circumstances.
If you or someone you know requires expert criminal defense representation in Poland, contact Criminal Law Poland today for a confidential consultation. Our international team stands ready to protect your rights and guide you through every step of the Polish criminal justice system.
FAQ
Can I get a criminal defense lawyer in Poland if I don’t speak Polish?
Yes, it’s absolutely possible to get a criminal defense lawyer in Poland even if you don’t speak Polish. Many law firms, especially those experienced in international criminal defense, provide legal services in English and other major languages. You have the right to interpretation throughout all stages of legal proceedings — from police questioning to trial. Professional lawyers will ensure that all documents are translated and that you fully understand your rights and obligations. Some firms specialize in helping foreigners and offer remote consultations,
legal representation, and full support without the need to speak Polish fluently. This is particularly important if you are facing serious charges and need quick and clear communication with your legal representative.
What should I do if I’m arrested in Poland as a foreigner?
If you are arrested in Poland as a foreign national, your first step should be to remain calm and ask for a lawyer immediately. You have the right to legal representation and an interpreter. Do not sign anything or answer questions without your lawyer present. You should also ask the police to notify your embassy or consulate, which can assist you with legal support and monitor the fairness of the proceedings. A criminal lawyer familiar with handling foreign clients can help secure your release, apply for bail, and ensure your rights are respected. Being proactive and choosing a firm experienced in international criminal law can significantly affect the outcome of your case.
How does bail work in Poland?
In Poland, bail is known as “środek zapobiegawczy”, “kaucja” or “poręczenie majątkowe” and it can be requested to prevent pre-trial detention. Bail may be granted by the court if it believes you are not a flight risk and won’t interfere with the investigation. The amount depends on the nature of the charges, your financial situation, and whether you have ties to Poland. A lawyer can file a request for bail and present arguments to the court. If granted, you may be required to pay a deposit, surrender your passport, or follow other conditions. It’s crucial to have a lawyer guide you through this process, as proper legal support can increase the chances of obtaining bail and avoiding detention.
Can a foreigner be held in pre-trial detention in Poland?
Yes, foreigners can be held in pre-trial detention (tymczasowe aresztowanie) in Poland, especially if the court believes there is a risk of fleeing, hiding, or tampering with evidence. This measure is not automatic and must be approved by a court. The initial detention can last up to 3 months but may be extended. A skilled criminal defense lawyer can challenge the detention, request bail, or appeal the court’s decision. It’s important to act quickly, as timing and legal argumentation can greatly influence the court’s ruling. For foreign nationals, language barriers and lack of local support make having a dedicated lawyer even more critical.
Do I need to attend every court hearing in Poland?
In most criminal cases in Poland, especially for minor offenses or if you are represented by a lawyer, you may not be required to attend every hearing. Your legal counsel can often appear on your behalf, submit documents, and represent your interests in court. However, for more serious charges or if the court specifically requests your presence, attendance is mandatory. Missing a hearing without valid reason could negatively impact your case. That’s why it’s essential to stay in close contact with your lawyer, who will advise you on when your appearance is necessary and ensure all formalities are handled properly.
What happens if I leave Poland while under investigation?
Leaving Poland while under criminal investigation can have serious consequences. If you are under travel restrictions or subject to bail conditions, leaving the country without court approval may lead to an arrest warrant, including a European Arrest Warrant (EAW). It can also worsen your legal position, showing a lack of cooperation. Courts in Poland may view such actions as an attempt to avoid justice, which can lead to detention or a harsher sentence later. Always consult your lawyer before any travel. A good defense attorney can help you petition the court for temporary travel permission or adjust bail terms legally.
Can I hire a Polish lawyer from abroad?
Yes, hiring a Polish criminal lawyer from abroad is not only possible — it’s quite common. You can do this remotely by granting power of attorney (pełnomocnictwo), which allows your lawyer to represent you in Poland. Most reputable law firms that work with international clients offer secure digital communication, video consultations, and document handling via email or platforms like DocuSign. This setup allows you to manage your legal case efficiently without being physically present. Especially if you’re facing an investigation or charges from abroad, early legal assistance can prevent escalation and protect your rights.
Are criminal records in Poland shared with other countries?
Yes, Poland shares criminal records with other countries under international and European agreements. Through systems like the European Criminal Records Information System (ECRIS) and the Schengen Information System (SIS), authorities can exchange information about convictions. This means a conviction in Poland may appear during background checks in your home country or impact visa applications, work permits, or residency status. If you are concerned about a record or need to know how it affects you abroad, consult a criminal lawyer. In some cases, it may be possible to apply for record expungement or limitation of access to data.
How long can a criminal case last in Poland?
The duration of a criminal case in Poland varies widely based on its complexity. Minor offenses may be resolved in a few months, while serious cases can take over a year or even several years to conclude, especially if there are appeals or expert opinions involved. Pre-trial investigations alone can last up to several months. During this time, your lawyer can apply for dismissal, request evidence access, or file procedural motions. Staying informed and having a proactive legal strategy helps reduce delays. A law firm experienced in criminal defense can speed up the process by pushing for case prioritization and using legal remedies effectively.
Can I get a suspended sentence in Poland?
Yes, a suspended sentence (zawieszenie wykonania kary) is possible in Poland, especially for first-time offenders and less serious crimes. It means that the court decides not to enforce the prison sentence unless the convicted person violates certain conditions during a probation period. To be eligible, the court considers factors like your criminal history, the nature of the offense, your behavior during the trial, and personal circumstances. A suspended sentence avoids actual imprisonment but comes with strict supervision. Your lawyer can present mitigating evidence and argue for suspension as a favorable outcome in plea bargaining or sentencing.
Is drug possession a criminal offense in Poland?
Yes, drug possession is a criminal offense in Poland under the Act on Counteracting Drug Addiction. Even small amounts of illegal substances can lead to arrest and prosecution. However, in some cases, the court may decide to discontinue proceedings if the quantity is considered for personal use and the accused has no criminal history. Polish law distinguishes between types of substances and quantities, and penalties can range from fines to imprisonment. A skilled defense lawyer can argue for dismissal, reduced charges, or diversion programs, depending on the case. Foreigners face the same penalties and should seek legal representation immediately.
Can I be extradited from Poland?
Yes, extradition from Poland is possible if you are wanted for prosecution or serving a sentence in another country. Poland follows EU rules for European Arrest Warrants (EAW) and has bilateral treaties with several non-EU countries. The extradition process involves a Polish court reviewing the request to ensure it meets legal requirements, respects human rights, and that there is no political motivation. You have the right to legal defense and to appeal the decision. A defense lawyer can challenge the extradition on legal grounds, such as double jeopardy or poor conditions in the requesting country’s justice system.
Is it possible to get legal aid as a foreigner in Poland?
Yes, foreign nationals may qualify for free legal aid in Poland if they cannot afford a private lawyer. Eligibility is assessed by the court, based on your financial situation and the complexity of the case. You may need to submit a formal application and provide proof of income or lack thereof. If approved, a court-appointed lawyer will represent you throughout the proceedings. However, in practice, legal aid may not always offer English-speaking lawyers or specialists in international cases. That’s why many foreigners choose to hire private criminal defense firms experienced in working with international clients.
Can a lawyer visit me in detention in Poland?
Absolutely. If you’re detained in Poland, your lawyer has the right to visit you at the detention center, speak with you privately, and represent you in all legal matters. Polish law guarantees the right to confidential communication between a detainee and their legal counsel. Visits usually need to be scheduled in advance, but in urgent situations, lawyers can request immediate access. Having a lawyer during detention is crucial—not only to advise you, but also to monitor your treatment, access evidence, and prepare your defense. Make sure to authorize your lawyer officially to act on your behalf as soon as possible.
How do I find a criminal lawyer in Warsaw or Krakow?
Finding a criminal lawyer in major cities like Warsaw or Krakow is relatively easy, but finding the right one is key—especially for foreign nationals. Look for law firms that specialize in criminal defense and have experience representing international clients. Check online reviews, directories, and websites like CriminalLawPoland.com, which offer multilingual services and remote consultations. A good lawyer should be responsive, transparent about fees, and able to explain the legal process clearly. Don’t hesitate to ask about their track record with similar cases, especially involving foreigners or international law.




