What is private prosecution?
Private prosecution is a form of criminal proceedings initiated and conducted by a private person, usually the injured party, rather than by the public prosecutor. In the Polish criminal procedure context, it corresponds to proceedings based on a private indictment, known as oskarżenie prywatne. This mechanism applies only to selected offences for which the law does not require prosecution ex officio by the state authorities.
The purpose of private prosecution is to give the injured party a procedural route to seek criminal liability where the offence primarily affects individual interests. Typical examples under Polish law include certain offences against honour, reputation, bodily inviolability, or minor bodily injury, depending on the statutory classification of the act. The exact qualification of the offence is important because it determines whether the case may proceed by private indictment, whether it requires a motion for prosecution, or whether it is prosecuted ex officio.
In private prosecution, the injured party acts as a private prosecutor before the criminal court. This role includes preparing and filing the private indictment, identifying the accused, describing the alleged act, presenting evidence, appearing at hearings, and responding to procedural steps taken by the court or the defence. The court remains responsible for adjudicating the case, but the initiative and evidentiary burden are largely placed on the private prosecutor.
What does private prosecution involve?
Private prosecution usually begins with the preparation of a private indictment. Under the Polish Code of Criminal Procedure, a private indictment may be less formal than a public indictment, but it must still allow the court to identify the accused, the alleged act, and the evidence supporting the accusation. In practice, the document should clearly describe what happened, when and where the act occurred, who committed it, what legal interest was violated, and what evidence confirms the allegation.
Evidence in private prosecution may include witness testimony, documents, correspondence, electronic communications, recordings, photographs, expert opinions, medical documentation, or other materials relevant to the case. In matters involving defamation, insult, or bodily integrity, the evidentiary assessment often depends on context, credibility, the wording used, the audience, intent, and whether the conduct meets the statutory elements of a criminal offence.
Polish procedure also allows the injured party to submit a complaint to the Police in certain private prosecution matters. The Police may secure evidence and forward the complaint to the competent court, but this does not change the private nature of the proceedings. The private prosecutor must remain active and should be prepared to participate in the case before the court.
A characteristic feature of private prosecution is the possibility of conciliation. The court may direct the parties to a conciliatory hearing or encourage settlement. This is particularly relevant in cases where the dispute has a personal, reputational, family, business, or neighbourhood background. A settlement may include an apology, retraction, compensation, undertaking to stop certain conduct, or other terms acceptable to the parties, provided they are lawful.
The public prosecutor may join or initiate proceedings in a private prosecution case if the public interest requires it. This is an important exception. If the public prosecutor enters the case, the procedural dynamics change, because the matter is no longer driven solely by the private prosecutor. Whether public interest exists depends on the circumstances, such as the seriousness of the conduct, broader social impact, vulnerability of the injured party, or need to protect the rule of law.
When is it worth using private prosecution?
Private prosecution may be relevant where an individual or a business has suffered harm from conduct that is criminally relevant but is not automatically prosecuted by the state. This may include reputational attacks, public insults, unlawful interference with personal integrity, or other acts classified by law as privately prosecuted offences. For companies, private prosecution may be considered when false statements or offensive allegations affect management, employees, brand reputation, or business relationships.
Legal assistance is particularly useful before filing a private indictment. A lawyer can assess whether the conduct fulfils the elements of a criminal offence, whether private prosecution is the correct procedure, whether civil law measures may be more effective, and whether the available evidence is sufficient. This assessment helps avoid filing a case that is procedurally inadmissible, poorly evidenced, or vulnerable to dismissal.
Support from a lawyer may also be important for the accused. A private prosecution case can lead to criminal liability, reputational consequences, financial sanctions, and court costs. The defence may involve challenging the legal classification of the act, disputing the facts, presenting counter-evidence, invoking statutory defences, or seeking settlement where appropriate.
A prompt consultation with a lawyer can help avoid procedural mistakes, missed deadlines, evidentiary gaps, unnecessary escalation, or financial loss. In private prosecution, the injured party often controls the direction of the case, but this also means that errors in the indictment, evidence presentation, or hearing strategy may have a direct impact on the outcome.
Legal support in private prosecution matters
Support from a law firm in private prosecution matters may include in particular:
- assessment of whether the case qualifies for private prosecution under Polish criminal law;
- analysis of evidence and identification of procedural risks;
- preparation and filing of a private indictment;
- representation of the private prosecutor before the criminal court;
- defence of persons accused in private prosecution proceedings;
- support in settlement discussions, apologies, retractions, or other negotiated solutions;
- coordination of criminal, civil, and reputational protection measures;
- advice for businesses affected by defamatory or unlawful statements.
Need assistance with a private prosecution matter? Contact us.
See also
- Injured Party
- Indictment
- Perjury
- Punishable Threat