Attorney-at-law, Wrocław, Poland
Arrested in Poland. What to do in the first 48 hours
If a relative or a colleague has been detained in Poland, the next two days decide a great deal. Police may hold a detained person for up to 48 hours. Within that time the prosecutor either releases the person or asks the court for pre-trial detention. This page explains what happens, what the detained person is entitled to and what you can do from abroad.
If someone has just been detained
Do not wait for the first hearing
A defence lawyer can act from the moment of detention, before any charges are formally presented. Waiting until the court hearing means losing the stage at which the first statements are taken, and those statements shape the entire case.
A family member can appoint the lawyer
Under Polish procedure a defence lawyer may be appointed by another person for a detained person, who then confirms it. In practice this means you can instruct a lawyer from abroad, today, without the detained person signing anything first.
What information is needed
Full name and date of birth, the city, the police unit or prosecutor office handling the matter if known, the time of detention and what the person is suspected of. Incomplete information is not an obstacle. The rest can be established.
What not to do
Do not contact witnesses or the injured party, and do not ask anyone to explain anything on the record on your behalf. In Polish proceedings this can be treated as an attempt to obstruct the investigation and is itself a ground for pre-trial detention.
How the first days are counted
The time limits below come from the Polish Code of Criminal Procedure. They are strict and they run from the moment of detention, not from the moment anyone is notified.
Police may detain a suspected person on the grounds listed in Article 244 of the Code of Criminal Procedure. The detained person must be released immediately when the reason for detention ceases, and in any event if within 48 hours they are not brought before the court together with a motion for pre-trial detention (Article 248 § 1).
If such a motion is filed, the court has a further 24 hours. If the decision on pre-trial detention is not served or announced within that time, the person must be released (Article 248 § 2). This is why the total period is commonly described as 72 hours.
Once a motion for pre-trial detention is filed, the suspect and the defence lawyer are given access to the part of the case file containing the evidence attached to that motion (Article 156 § 5a). This is the first moment at which the defence sees what the case actually rests on.
Pre-trial detention is not automatic. The court may not apply it if a less severe measure is sufficient, and it may state that detention will be replaced by bail if a set amount is paid within a fixed time (Article 257).
Rights of a detained person
Contact with a lawyer
On request, a detained person must be allowed to contact a lawyer without delay and to speak with them directly (Article 245 § 1).
Complaint against the detention
A detained person may file a complaint to the court and ask it to examine whether the detention was justified, lawful and properly carried out (Article 246 § 1).
Free interpreter
A defendant who does not speak Polish sufficiently has the right to a free interpreter, also for communication with the defence lawyer in connection with a procedural act (Article 72).
Translation of key decisions
The decision presenting charges, the indictment and decisions that may be appealed are served together with a translation (Article 72 § 3).
Language, interpreters and costs
Working language
I handle correspondence in English. At hearings and at procedural acts a court interpreter is appointed and, for a defendant who does not speak Polish sufficiently, the interpreter is free of charge. If you prefer, we can conduct the whole engagement in writing, which in urgent matters is usually faster and always more precise.
Fees
Criminal defence is always paid work, and that includes the first assessment of the situation. The fee is agreed in writing before anything is done, it does not change as the case goes on, and you will know the amount and the basis of the charge before you decide. Polish professional rules do not allow a fee that depends solely on the outcome of the case.
Questions we are asked most often
Yes. The engagement can be arranged by e-mail and the power of attorney can be sent electronically and confirmed later. Physical presence in Poland is not required to start.
Once appointed, the defence lawyer establishes which unit is handling the matter, where the person is held and what the suspicion concerns, and passes on what may lawfully be passed on.
It is applied for a fixed period and may be extended by the court. Each extension can be appealed, and an application to replace detention with bail or another measure can be filed at any stage.
Yes. The same lawyer conducts the case from the first contact to its conclusion.
Everything you tell me is covered by professional secrecy under Polish law. It applies without any time limit and also when no engagement follows.
Tell me what happened
Write in English, in your own words. You do not need documents or legal terms. I will reply with what can be done now and what it will involve. In detention matters, please call the 24/7 line first.
Bartosz Krycki, attorney-at-law (adwokat) admitted to the Bar of Wrocław, entry no. WRO/ADW/2758. Professional indemnity insurance is mandatory for Polish attorneys. This page provides general information about Polish criminal procedure and is not legal advice in an individual case.
Kancelaria Adwokacka adw. Bartosz Krycki, ul. Legnicka 52/503, 54-204 Wrocław, Poland. 24/7 line +48 787 466 976. Office +48 512 976 090. kancelaria@adwkrycki.pl