Police Interrogation in Poland: Know Your Rights

A police interrogation in Poland is a formal procedural interview conducted to obtain evidence from a suspect or witness in criminal proceedings. The rights available during the interview depend primarily on procedural status. A person questioned as a witness has different obligations from a person questioned as a suspect.

This distinction has immediate practical importance. Statements made during an interview may affect charging decisions, pre-trial detention, asset seizure, business operations, and personal reputation. Before answering substantive questions, it is necessary to establish why the police have summoned or detained the person and in what capacity the interview is being conducted.

Police interrogation rights in Poland: suspect or witness?

Under Article 71 §1 of the Polish Code of Criminal Procedure, a person is a suspect when a decision to bring charges has been issued or when charges are presented during questioning in the circumstances provided for in Article 308 §2. From that point, the person has the procedural rights of a suspect, including the right to defence. [1]

A witness is generally required to appear when properly summoned and to testify truthfully. However, a witness may refuse testimony or refuse to answer a particular question in specific circumstances, especially where an answer could expose the witness or a close relative to criminal liability or liability for a fiscal offence. [1]

The police should communicate the procedural status before the interview begins. If the status is unclear, it is reasonable to ask directly whether the interview is being conducted as a witness or suspect and, if the person has been detained, on what legal basis.

Suspect rights during a police interview procedure

A suspect has the right to remain silent. Article 175 §1 of the Code of Criminal Procedure states that a suspect may provide explanations, refuse to provide explanations, or refuse to answer individual questions. The exercise of the right to silence cannot itself be treated as an admission of guilt. [1]

The right to silence is particularly relevant where the allegations concern economic crime, fraud, corruption, tax issues, money laundering, or offences connected with a company’s operations. In such cases, an apparently simple explanation may concern numerous documents, transactions, internal reporting lines, or decisions taken by several managers.

Before the first questioning, the suspect must be informed of the allegations, the right to defence, the right to have a defence lawyer, and other procedural entitlements. The information should be delivered in a form that the suspect can understand. A suspect who does not have sufficient command of Polish has the right to free assistance from an interpreter. [1][2]

Right to a criminal defence lawyer

A suspect may appoint a defence lawyer at any stage of the proceedings. The lawyer may participate in questioning if requested by the suspect, although the absence of a lawyer who has been notified does not automatically prevent the interview from proceeding. [1]

Access to legal aid paid by the State is not automatic. It may be granted where the suspect demonstrates an inability to bear defence costs without prejudice to the necessary maintenance of the suspect and their family, or where mandatory defence applies. Mandatory defence may arise, for example, where the suspect is under 18, deaf, mute, blind, or where there are justified doubts about the suspect’s mental capacity. [1]

Early legal assistance helps assess whether answering questions is advisable, whether the allegation has been formulated precisely, and which documents or digital materials may be relevant. Criminal defence representation should be based on the case file, the client’s procedural status, and the immediate risks arising from the investigation.

Three limits and exceptions to understand before questioning

The silence right is broad, but it does not remove every procedural obligation. Three points require particular attention:

1. No duty to wait indefinitely for privately retained counsel. If a defence lawyer has been notified of the questioning but does not appear, the interview may proceed under Article 301 of the Code of Criminal Procedure. A request for a lawyer should therefore be made promptly and documented. [1]
2. Contact with a lawyer after detention may be supervised only exceptionally. A detained person has the right to immediate contact with a lawyer and a direct conversation. In exceptional cases justified by special circumstances, the detaining authority may reserve the right to be present during that conversation under Article 245 §1. [1]
3. Silence does not prevent identification and specified examinations. A suspect may be required, in the circumstances specified by law, to undergo fingerprinting, photographing, an external body examination, collection of biological material, or other measures listed in Article 74 §§2–3. These actions are different from providing explanations about the alleged offence. [1]

Witness rights and the risk of self-incrimination

A witness is not in the same position as a suspect and should not assume that silence is available without legal grounds. However, Article 183 §1 permits a witness to refuse an answer where it could expose the witness or a close relative to criminal liability or liability for a fiscal offence. [1]

In addition, a person close to the accused may refuse to testify under Article 182. This right remains available even after the marriage or adoption has ended. Whether a person qualifies as “close” is determined by the statutory definition and the facts of the case. [1]

If questions suggest that the witness may be exposed to allegations, the witness should not guess or attempt to resolve the issue through broad explanations. A later change from witness to suspect status may have serious consequences for the practical and strategic importance of statements already made.

What happens after police questioning?

After the interview, the officer prepares a protocol. The person questioned should be allowed to read it or have it read aloud, request corrections or additions, and report objections before signing. Any objections should be recorded in the protocol. A refusal to sign should also be recorded, together with the reason for refusal where provided. [1]

A detained person should be informed immediately of the reasons for detention and available rights, including the right to challenge the detention before a court. The detained person should also receive a copy of the detention protocol. Further practical guidance is available in the KKZ article What to Do If You Are Arrested in Poland. [1]

This is informational material, not legal advice. The appropriate response depends on the allegation, evidence already collected, procedural status, and whether the case concerns an individual or company activity.

It may be important to consult the case before a police interview or after receiving a summons. Contact Kopeć & Zaborowski (KKZ) to discuss the situation with a criminal lawyer and consider possible procedural steps.

FAQ – Police Interrogation in Poland

Can a suspect remain silent during a police interrogation in Poland?

Yes. A suspect may refuse to provide explanations or refuse to answer individual questions under Article 175 §1 of the Code of Criminal Procedure. [1]

Does a witness have the same right to silence as a suspect?

No. A witness is generally required to testify, but may refuse an answer that could expose the witness or a close relative to criminal liability or liability for a fiscal offence under Article 183 §1. [1]

Can police question a person without a lawyer present?

Yes, in some circumstances. A suspect may request a lawyer, but questioning can proceed if a notified defence lawyer does not appear. The specific facts and procedural safeguards should be assessed in each case. [1]

Is an interpreter available during police questioning in Poland?

A suspect who does not have sufficient command of Polish has the right to free assistance from an interpreter. Where a witness does not speak Polish sufficiently, the authority may summon an interpreter for the procedural act. [1][2]

Should a person sign the police interview protocol?

The protocol should be read carefully before signing. Corrections, additions, and objections may be requested where the document does not accurately reflect the statement or the course of questioning. Objections and a refusal to sign should be recorded in the protocol. [1]

Can a detained person contact a lawyer in Poland?

Yes. A detained person has the right to immediate contact with a lawyer and a direct conversation, subject to the exceptional limitation provided in Article 245 §1. [1]

Bibliography

[1] Act of 6 June 1997 – Code of Criminal Procedure (Kodeks postępowania karnego), Journal of Laws 1997 No. 89, item 555, as amended, in particular Articles 71, 72, 74, 78–81, 148, 150, 175, 177, 182, 183, 191, 244–246, 300 and 301. Available through the Polish Legal Information System ISAP: https://isap.sejm.gov.pl/

[2] Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings, Official Journal of the European Union L 142, 1 June 2012.

[3] 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, Official Journal of the European Union L 294, 6 November 2013.