Detention in Poland

Rights of the detained: key Information

1. Duration of detention

• Detention can last a maximum of 48 hours. After this period, the detained individual must either be brought before a court with a request for temporary arrest or be released.If a request for arrest is submitted before the 48-hour mark, the court has 24 hours to make a decision, which can extend the detention time to 72 hours.

2. Right to an Attorney

• From the moment of detention, the individual has the right to contact an attorney (e.g., via telephone). Detained individuals cannot be denied contact with their attorney.

3. Notification of Relatives

At the request of the detained person, authorities must notify:

• A close person or another designated individual.

• The employer.

• The school/university.

• The commander (in the case of a soldier).

Relatives may appoint a defender for the detained person.

4. Duties and Rights of the Detained

• The detained individuals do not have to prove their innocence; it is the authorities who must prove guilt.

• They have the right to request explanations at any stage of the proceedings.

• They may provide explanations but are not obligated to do so.

• They have the right to consult with an attorney before making any statements.

• The detained individual should not hastily succumb to suggestions of voluntarily submitting to punishment; such a decision should be consulted with an attorney.

5. Detention Record

• The detained person must receive a record of their detention, which outlines its reasons.The attorney should review this record as soon as possible.

6. Possibility of Challenging Detention

Detention can be challenged in cases of:

• Lack of grounds for detention.

• Violation of rights (e.g., use of excessive force).

An appeal must be submitted within 7 days from the time of detention.

7. Access to Interpretation and Consular Assistance

• The detained individual has the right to interpreter services if they do not speak Polish or are deaf/mute.Foreign nationals may contact their country's consulate.

8. Right to Medical Assistance

• The detained person has the right to medical assistance in case of any health issues.