Hiring a Criminal Defense Lawyer in Poland as a Foreigner

A criminal defense lawyer in Poland is a licensed advocate or legal adviser who represents a suspect or defendant during criminal proceedings, protects procedural rights, prepares a defense strategy, and communicates with law enforcement authorities and courts. For a foreign national, early contact with an English-speaking lawyer can materially affect access to information, the ability to respond to allegations, and the management of personal and business consequences.

Criminal proceedings in Poland may begin quickly, particularly where the authorities conduct an arrest, search, seizure of electronic devices, or questioning. A foreign defendant may face additional issues: a language barrier, residence outside Poland, travel restrictions, immigration implications, or difficulties in securing documents and witnesses from another country.

Why a foreign national may need a criminal defense lawyer in Poland

Polish criminal procedure distinguishes between a person suspected of an offence (osoba podejrzana) and a person who has the procedural status of a suspect (podejrzany). A person becomes a suspect, in particular, when a decision presenting charges is issued and announced to that person, or when the person is questioned as a suspect in cases specified by the Code of Criminal Procedure. A suspect and a defendant have statutory rights of defense, including the right to retain counsel. The practical exercise of these rights often requires prompt legal support, especially where the case involves pre-trial detention, cross-border evidence, financial crime, or allegations affecting professional reputation.

A Poland-based criminal defense lawyer can assess the procedural position of the client, review available case materials, attend questioning, submit evidence motions, and challenge coercive measures. These measures may include pre-trial detention, police supervision, a prohibition on leaving Poland, passport seizure, a financial surety, or restrictions on contact with specified persons.

For business owners and managers, the criminal case may also create operational risks. An investigation can affect banking relationships, public procurement participation, regulatory licences, internal compliance processes, and the company’s reputation. Legal representation should therefore consider both the criminal procedure and the broader business context.

Foreign defendant rights in Polish criminal proceedings

Foreign defendant rights are protected by the Polish Code of Criminal Procedure, the Constitution of the Republic of Poland, the European Convention on Human Rights, and EU directives applicable to criminal proceedings.

A suspect or defendant who does not have sufficient command of Polish has the right to free assistance from an interpreter during procedural acts, including questioning and hearings. The right also covers translation of documents specified in the Code of Criminal Procedure and, where necessary to ensure the right of defense, other documents essential for exercising that right. Article 72 of the Polish Code of Criminal Procedure provides that an accused person who does not have a sufficient command of Polish may use an interpreter free of charge.[1]

The right to interpretation does not remove the need for an English-speaking lawyer. An interpreter translates the spoken content of the proceedings but does not provide legal advice, assess risks, or decide whether a response to questioning is advisable.

Key procedural rights of a foreign suspect or defendant

• the right to be informed of the allegations and relevant procedural rights;
• the right to remain silent and decline to answer questions;
• the right to contact and appoint a defense lawyer;
• the right to an interpreter if Polish is not sufficiently understood;
• the right to inspect case files within the limits set by the stage of proceedings;
• the right to submit evidence motions and challenge certain decisions;
• the right, upon request, to contact the competent consular office or diplomatic mission after arrest, subject to applicable procedural rules.[1][6]

Access to a lawyer should be considered before the first substantive questioning. Statements made at an early stage may become important evidence. A decision to give explanations, answer selected questions, or remain silent should be based on the facts, available evidence, and the client’s procedural position.

When a defense lawyer is mandatory in Poland

Polish law provides mandatory defense in specified circumstances. Under Article 79 of the Code of Criminal Procedure, a suspect or defendant must have a defense lawyer if the person is under 18, is deaf, mute or blind, or there are justified doubts as to the person’s sanity. Mandatory defense also applies where the court finds that circumstances hinder the accused’s ability to conduct a defense independently.[1]

These are not automatic rules for every foreigner. Foreign citizenship, limited knowledge of Polish, or residence abroad do not by themselves create mandatory defense. They may, however, be relevant circumstances when assessing whether the person can effectively exercise defense rights without professional assistance.

If a person cannot afford privately retained counsel, an application for court-appointed defense counsel may be possible. The court assesses whether the applicant demonstrates that paying for a lawyer would be detrimental to the necessary maintenance of the applicant and their family. The legal basis is Article 78 of the Code of Criminal Procedure.[1]

How to choose an English-speaking lawyer in Poland

The appropriate lawyer should have experience in Polish criminal procedure and be able to communicate clearly in English. This is particularly relevant in white-collar investigations, VAT fraud cases, corruption allegations, money laundering matters, cybercrime, and cases involving international evidence.

Before appointing counsel, a foreign client should establish:

1. whether the lawyer can attend urgent questioning, searches, or detention hearings;
2. whether the lawyer has experience with the alleged type of offence;
3. how communication with the client, family members, employer, and foreign lawyers will be organised;
4. what documents should be provided immediately, including summonses, search records, detention decisions, and correspondence from the authorities;
5. the scope of the authorisation to act as defense counsel and the legal fee arrangements.

A defense lawyer may act on the basis of an authorisation granted in writing or orally for the record before the authority conducting the proceedings. In urgent situations, the lawyer can often take immediate steps to verify the procedural status, contact the prosecutor or police, and attend a procedural act. The exact options depend on the case stage and the authority conducting the proceedings.

What to do after arrest, a police summons, or a search

A foreign national should not ignore correspondence from Polish authorities. Failure to appear may result in compulsory appearance, and, depending on the procedural status and circumstances, other measures affecting liberty or travel. At the same time, voluntary contact with authorities should not be confused with an obligation to provide explanations without legal preparation.

Following an arrest, the person should request an interpreter and ask to contact a defense lawyer. It is also appropriate to request contact with the relevant consular office or diplomatic mission. The police must immediately inform an arrested person about their rights, including the right to use the assistance of a lawyer and, where necessary, free assistance from an interpreter.[1]

During a search, it is important to request or retain copies of the search and seizure records, identify what has been taken, and avoid obstructing the officers. A lawyer can subsequently assess whether the search, seizure, or handling of electronic data complied with procedural requirements.

Criminal defense and reputational risk for foreign executives

Criminal allegations may become public before a case reaches court. This is particularly sensitive for executives, regulated professionals, and companies operating in Poland. Communications with employees, shareholders, counterparties, and the media should be fact-based and coordinated with the defense strategy.

Kopeć & Zaborowski (KKZ) assists clients in criminal matters while considering related corporate, employment, compliance, and reputational issues. The appropriate response depends on the allegations, evidence, procedural stage, and potential impact on the client’s business activity.

This is informational material, not legal advice. Individual criminal cases require an assessment of the facts, the available evidence, and the current procedural status.

If you are a foreign national facing criminal proceedings in Poland, it is advisable to consult a lawyer about the case as early as possible. Early discussion can help clarify the procedural situation and possible next steps.

FAQ – Hiring a Criminal Defense Lawyer in Poland as a Foreigner

Can a foreigner hire a criminal defense lawyer in Poland?

Yes. A foreign national may appoint a Polish advocate or legal adviser as defense counsel in criminal proceedings. The lawyer may act under an authorisation granted in writing or orally for the record and represent the client before the police, prosecutors, and courts.

Is an interpreter provided free of charge in Polish criminal proceedings?

Yes, if the suspect or defendant does not have sufficient command of Polish. Article 72 of the Code of Criminal Procedure provides for free assistance from an interpreter.

Must a foreign defendant answer police questions?

No. A suspect has the right to remain silent and may refuse to provide explanations. Whether to answer questions should be assessed in light of the allegations, evidence, and defense strategy.

Can a criminal case in Poland prevent a foreigner from leaving the country?

It can. Depending on the circumstances, authorities may impose a prohibition on leaving Poland, retain a passport, or apply other preventive measures. Such measures may be challenged under the applicable procedure.

What happens if a foreigner ignores a summons from Polish police or prosecutor?

The consequences depend on the status of the person and the content of the summons. Failure to appear may lead to compulsory appearance or other measures provided by law. The summons should be reviewed promptly by a criminal defense lawyer.

Can a foreign defendant obtain a court-appointed lawyer in Poland?

Possibly. Court-appointed counsel may be granted where mandatory defense applies or where the person demonstrates that paying privately would undermine necessary maintenance for the person and their family, pursuant to Article 78 of the Code of Criminal Procedure.

Bibliography

[1] Act of 6 June 1997 – Code of Criminal Procedure, consolidated text: Journal of Laws of 2025, item 46, as amended, in particular Articles 71, 72, 75, 78, 79, 82, 83, 156, 244, 245, 266, 275, 277 and 612.

[2] Constitution of the Republic of Poland of 2 April 1997, in particular Article 42(2).

[3] Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings.

[4] Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings.

[5] Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings.

[6] Convention for the Protection of Human Rights and Fundamental Freedoms, Rome, 4 November 1950, Article 6; Vienna Convention on Consular Relations, Vienna, 24 April 1963, Article 36.