The first 48 hours decide the rest of the case
Detention may last no longer than 48 hours. Within that time the detained person must be released or handed over to the court together with a motion for pre-trial detention. The court then has a further 24 hours to decide (art. 248 of the Kodeks postępowania karnego, the Code of Criminal Procedure). That is the narrow window in which the records are created, decisions on preventive measures are taken and the first questioning usually happens. This is why our duty line runs around the clock: in these cases a day's delay makes a real difference to the outcome.
Your rights as a foreign national detained in Poland
They do not depend on your nationality or on whether you speak Polish. They apply by operation of law:
- A free interpreter - if you do not have a sufficient command of Polish, you have the right to the free assistance of an interpreter (art. 72 §1 KPK). The decision presenting charges, the indictment and the ruling closing the proceedings are served on you together with a translation (art. 72 §3 KPK).
- Notification of your consulate - at your request, the relevant consular office or diplomatic mission of your country must be notified of your detention without delay (art. 612 §2 KPK). A consul is not a substitute for a defence lawyer, but can be meaningful support.
- Information about your rights in a language you understand - a detained person must be informed immediately of the reasons for the detention and of the rights available to them (art. 244 §2 KPK).
- The right to a defence lawyer and to contact one from the moment of detention.
- The right to refuse to give explanations - and to refuse to answer individual questions, with no adverse consequences.
Why Polish law applies, and not the law of your own country
Polish criminal law applies to anyone who commits a prohibited act on the territory of the Republic of Poland (art. 5 of the Kodeks karny, the Criminal Code). Nationality changes nothing here. This is the most common misunderstanding in cases involving foreign nationals: the thresholds, time limits and consequences you know from home simply do not apply. The permitted blood alcohol level, the quantity limits for narcotics, the catalogue of penalties and the way time limits are counted are as Polish law provides - and Polish law alone is the basis of the defence in Polish proceedings.
We conduct cases exclusively under the rules in force in Poland. We do not advise on the law of any other country.
Can I leave Poland while the case is ongoing?
That depends on the preventive measures applied. Instead of pre-trial detention, the court or the prosecutor may reach for non-custodial measures, and these are the ones that hit people living abroad hardest:
- A ban on leaving the country (art. 277 KPK) - which may be combined with retention of your passport or other border-crossing document.
- Bail (art. 266 KPK) - a sum paid as security for your appearance; a realistic alternative to detention.
- Police supervision - with an obligation to report at set times.
You can apply to have these measures lifted or relaxed, and decisions on them can be appealed. If you live outside Poland, the arguments about how you take part in the proceedings and how documents are served on you need separate preparation.
What not to do
- Do not sign documents you do not understand. A signature on a record is evidence. If there is no interpreter, say so and demand one - that is your right, not a courtesy from the authority.
- Do not agree to voluntary submission to a penalty in order to "get home faster". A conviction obtained that way (art. 335 and art. 387 KPK) is a conviction with all its effects, including an entry in the criminal register, which is often visible outside Poland too.
- Do not give explanations "to clear up the misunderstanding" before speaking to a defence lawyer.
- Do not ignore a summons because you have already gone home. The proceedings continue, and failure to appear can result in stricter measures.
How we help
We answer the phone at any hour, including nights and weekends. We establish what stage the case has reached, which time limits are already running and what can be done immediately. We enter the case as defence counsel, take part in questioning and procedural steps, apply for preventive measures to be lifted or changed, and run the case to the end. We serve clients in Polish, English, French, German, Italian and Spanish - always on the basis of Polish law.
Frequently asked questions
I was detained in Poland but I am not a Polish citizen. Does that change anything?
Not as to the law applied. An act committed on Polish territory is answered for under Polish law, regardless of nationality (art. 5 KK). What does change is the practice: the right to an interpreter comes in, your consulate can be notified, and there is a real risk of a ban on leaving the country.
Am I entitled to an interpreter, and do I have to pay for one?
The interpreter is free of charge if you do not have a sufficient command of Polish (art. 72 §1 KPK). The key procedural documents are served on you together with a translation.
How long can I be held without a court decision?
No longer than 48 hours from the moment of detention. After that you must be released or handed over to the court with a motion for pre-trial detention; the court then has 24 hours to serve its decision (art. 248 KPK).
Can I go back to my own country before the case ends?
If no ban on leaving the country has been imposed - yes, but you remain obliged to appear and to give an address for service. If a ban has been imposed, leaving without the authority's consent breaches the preventive measure and can lead to it being tightened.
Will a Polish judgment be visible in my country?
A conviction goes into the Krajowy Rejestr Karny (National Criminal Register). Information on convictions is exchanged between European Union member states, so you should assume the judgment will not remain a purely Polish matter.
Can I run the case remotely while living abroad?
Largely yes. We hold consultations by phone and online, and defence counsel acts in Poland on the basis of a power of attorney. Appearing in person is sometimes necessary - we tell you when, well in advance.
