Who is a public prosecutor?
A public prosecutor is a legal professional who represents the public interest in criminal proceedings. In Poland, prosecutors perform their duties within the Public Prosecutor’s Office and act on behalf of the State in cases involving suspected offences. Their central role is to conduct or supervise preparatory proceedings, assess evidence, decide whether there are grounds to bring charges, and support the prosecution before a court.
A public prosecutor is not the same as a private lawyer representing an individual client. A defence lawyer acts primarily in the interests of the suspect or accused person. A prosecutor, by contrast, is required to act objectively and take account of circumstances both against and in favour of the person under investigation. This obligation is particularly important where evidence may support discontinuing proceedings, changing the legal classification of an act, or seeking an acquittal.
In Polish criminal procedure, a prosecutor may conduct an investigation personally or supervise investigative activities carried out by the Police and other authorised services. The prosecutor may issue procedural decisions, request the application of preventive measures, file an indictment, participate in hearings, and challenge court rulings where the law permits.
What does a public prosecutor do?
The work of a public prosecutor begins most often when law enforcement authorities receive information suggesting that a criminal offence may have been committed. The prosecutor assesses whether there are legal grounds to initiate proceedings and determines the direction of the investigation. Depending on the case, this may include questioning witnesses, obtaining expert opinions, securing documents, analysing electronic data, ordering searches, or reviewing evidence collected by the Police.
Where the evidence provides sufficient grounds, the prosecutor may bring charges against a suspect. However, opening an investigation or presenting charges does not establish guilt. Guilt can be determined only by an independent court after a fair trial. The prosecutor must therefore assess the evidence throughout the proceedings and may discontinue a case if the alleged offence has not been committed, the evidence is insufficient, or another statutory ground prevents prosecution.
Before a court, the public prosecutor presents the prosecution’s position, examines witnesses, comments on evidence, and submits motions concerning the legal consequences of the alleged offence. These may concern a penalty, a conditional discontinuance of proceedings, compensation for the injured party, a prohibition on performing particular activities, or other measures provided for by criminal law.
Public prosecutors may also be involved in cases concerning organised crime, economic crime, corruption, cybercrime, drug offences, violent offences, international judicial cooperation, extradition, and European arrest warrants. In some matters, their role extends beyond traditional criminal trials, particularly where legislation assigns them powers connected with protecting the rule of law or the public interest.
When is it advisable to seek legal assistance in a prosecutor-led case?
Legal assistance may be important as soon as a person is contacted by the Police or a public prosecutor in connection with a criminal case. This applies in particular to a summons for questioning, a request to provide documents or electronic devices, a search of premises, detention, presentation of charges, or an application for pre-trial detention.
A suspect or accused person has the right to a defence lawyer. The injured party may also need legal support to exercise procedural rights, submit evidence requests, seek compensation, challenge decisions to discontinue proceedings, or act as an auxiliary prosecutor before the court. Businesses may require advice where an investigation concerns alleged fraud, tax offences, corruption, breaches of reporting duties, or the conduct of employees and management.
Prompt consultation with a lawyer can help identify procedural risks, protect legal rights, prepare for questioning, and avoid statements or actions that could adversely affect the case. It may also assist in preserving evidence, responding correctly to requests from authorities, and evaluating whether a negotiated resolution or another procedural step is available under the applicable law.
Legal support in matters involving a public prosecutor
Legal assistance in prosecutor-led proceedings may include in particular:
- representation of suspects and accused persons during investigations and trials;
- preparation for questioning by the Police or a public prosecutor;
- assistance after detention, arrest, search, or seizure of property;
- review of decisions on charges, discontinuance, preventive measures, and evidence;
- representation of injured parties and support in pursuing compensation;
- defence in economic, tax, corruption, and corporate criminal cases;
- assistance in extradition, European arrest warrant, and cross-border criminal matters;
- preparation of procedural motions, appeals, complaints, and other submissions.
Need assistance in a case involving a public prosecutor? Contact us.