Polish Criminal Justice System: Guide for Foreigners

The Polish criminal justice system is the set of public institutions and procedures used to investigate offences, prosecute suspected offenders, conduct criminal trials, and enforce final judgments. It is governed primarily by the Polish Criminal Code and the Code of Criminal Procedure, with constitutional guarantees protecting the right to defence and a fair hearing.[1][2][3]

For foreign nationals, criminal proceedings in Poland can be particularly challenging because they are conducted in Polish, often move quickly at the investigation stage, and may involve detention, travel restrictions, cross-border evidence, or contact with foreign consular authorities. Understanding the main stages of criminal procedure helps reduce operational, personal, and reputational risks.

How the Polish criminal justice system is structured

The court system in Poland has several levels. Most criminal cases begin before a district court, while more serious cases are heard at first instance by a regional court. Appeals are generally considered by a higher-level court. The Supreme Court does not function as a routine appeal court but may examine final judgments through cassation in situations defined by law.[4]

• District courts handle the majority of criminal cases, including many fraud, theft, assault, and traffic-related offences.
• Regional courts hear more serious offences, including cases where the statutory penalty may exceed 10 years of imprisonment.
• Courts of appeal review judgments issued by regional courts acting as courts of first instance.
• The Supreme Court considers cassation appeals and ensures consistency in the interpretation of law.

Public prosecutors direct or supervise criminal investigations and decide whether there are grounds to file an indictment. The Police, Central Anti-Corruption Bureau, Internal Security Agency, Border Guard, and National Revenue Administration may also conduct activities depending on the type of alleged offence.

Criminal procedure in Poland: from investigation to judgment

Polish criminal procedure usually starts with a report of a suspected offence or information obtained by law enforcement authorities. The prosecutor may refuse to initiate proceedings, discontinue them, or begin an investigation. In less complex cases, an inquiry may be conducted instead of a full investigation.[2]

Once a person is formally suspected of an offence, that person should be informed of the allegation and has the right to legal representation, to give explanations, to remain silent, and to submit motions for evidence. The prosecution bears the burden of proving guilt. A conviction requires proof beyond reasonable doubt, and unresolved doubts should be resolved in favour of the accused.[2]

The main stages are usually as follows:

1. Preliminary proceedings, including evidence collection, questioning, searches, expert opinions, and possible charges.
2. Review by the prosecutor and preparation of an indictment, where the evidence justifies bringing the case to court.
3. Trial before the competent criminal court, including examination of witnesses and other evidence.
4. Judgment and, where applicable, an appeal.
5. Enforcement of a final judgment, such as imprisonment, a fine, compensation, or a prohibition on conducting particular activities.

Rights of foreigners in Polish criminal proceedings

A foreign national has the same fundamental procedural rights as a Polish citizen. This includes the right to defence, access to a lawyer, and the right not to incriminate oneself. If the person does not speak Polish sufficiently, an interpreter must be appointed for procedural acts in which that person participates, including questioning and hearings.[2]

Three circumstances require mandatory defence under Article 79(1) of the Code of Criminal Procedure: the accused is under 18 years of age, the accused is deaf, mute, or blind, or there is a justified doubt as to the accused’s sanity. In these situations, the accused must have a defence lawyer.

Where a foreign national cannot afford a lawyer without compromising necessary maintenance for themselves or their family, the court may appoint defence counsel upon request under Article 78 of the Code of Criminal Procedure. The decision depends on the financial circumstances and the procedural situation.

Foreign nationals may also request that their consulate be informed of detention. Article 36 of the Vienna Convention on Consular Relations provides for communication between detained foreign nationals and their consular post, subject to the relevant procedural arrangements.[5]

Arrest, detention and precautionary measures

Pre-trial detention is not automatic. It is the most severe preventive measure and may be imposed only by a court upon a prosecutor’s request. Under the Code of Criminal Procedure, detention may be used where there is a significant risk of absconding, obstructing proceedings, unlawfully influencing witnesses, or where the alleged offence carries a severe statutory penalty.[2]

Other measures may include police supervision, a financial surety, a prohibition on contacting specific persons, a prohibition on leaving Poland, or seizure of a passport. These measures can affect business travel, management duties, professional licences, and the ability to maintain commercial relationships.

Public hearings, privacy and reputation risks

Criminal hearings are generally public. However, the court may exclude the public in circumstances specified by law, including where this is necessary to protect morality, state security, public order, important private interests, or the private life of a party.[2]

For businesses and executives, criminal proceedings may create risks beyond the criminal case itself. Searches, seizure of documents or electronic data, media attention, internal reporting obligations, and disrupted management functions may require a coordinated legal and crisis-management response. The factual status of a case should be communicated carefully. A suspicion or charge is not the same as a final conviction.

Appeals and final decisions in the court system in Poland

A judgment of the first-instance court may generally be appealed by the parties, including the accused, defence counsel, prosecutor, and in some cases the victim acting as an auxiliary prosecutor. The appeal deadline is usually 14 days from service of the written judgment with reasons, following a timely request for those reasons.[2]

After a judgment becomes final, extraordinary remedies may be available only in limited circumstances. These include cassation to the Supreme Court and reopening of proceedings. Their availability depends on the specific procedural history and legal grounds.

This is informational material, not legal advice. The appropriate defence strategy, reporting decision, or response to investigative measures always depends on the facts, evidence, procedural stage, and applicable international rules.

For foreign nationals involved in criminal proceedings in Poland, early legal assessment can be important for protecting procedural rights and responding appropriately to contact from law enforcement authorities. To discuss possible steps or obtain an assessment of the situation, contact a criminal lawyer at Kopeć & Zaborowski (KKZ).

FAQ – Polish Criminal Justice System

Can a foreigner be questioned by the Polish Police without an interpreter?

A person who does not have sufficient command of Polish should be provided with an interpreter for procedural acts, including questioning. The right is regulated by Article 72 of the Code of Criminal Procedure.[2]

Is a lawyer mandatory in every criminal case in Poland?

No. However, defence is mandatory in the three situations listed in Article 79(1) of the Code of Criminal Procedure, including where there is justified doubt about the accused’s sanity.[2]

Can a foreign national leave Poland during criminal proceedings?

It depends on the measures applied in the case. A prosecutor or court may impose a travel ban, seize a passport, or use other preventive measures where statutory grounds exist.

How long can pre-trial detention last in Poland?

The initial period is generally up to three months, but it may be extended by the court in circumstances provided by Article 263 of the Code of Criminal Procedure.[2]

Are criminal trials in Poland public?

As a rule, yes. The court may exclude the public in legally defined situations, including to protect privacy, public order, state security, or important private interests.[2]

Can a Polish criminal judgment be appealed?

Yes. A first-instance judgment may generally be appealed. The procedural deadlines and scope of review depend on the type of judgment and the actions taken after its announcement.[2]

Bibliography

[1] Constitution of the Republic of Poland of 2 April 1997, especially Article 42.

[2] Act of 6 June 1997 – Code of Criminal Procedure, consolidated text: Journal of Laws of 2024, item 37, as amended.

[3] Act of 6 June 1997 – Criminal Code, consolidated text: Journal of Laws of 2024, item 17, as amended.

[4] Act of 27 July 2001 – Law on the Organisation of Common Courts, consolidated text: Journal of Laws of 2024, item 334, as amended.

[5] Vienna Convention on Consular Relations, done at Vienna on 24 April 1963, Article 36.