Polish criminal procedure consists of two main stages: pre-trial investigation and the court trial.

Pre-trial investigation is led by the police or public prosecutor, focusing on gathering evidence to build the case. Anyone aware of a crime is encouraged to report it, though companies are not legally obligated to report all offenses committed by their employees. Both victims and suspects have rights during this phase, but the prosecutor controls the investigation process. Preventive measures such as bail or detention may be applied, and investigations can last from several months up to several years, especially in complex cases like white-collar crime.

Once the investigation concludes, prosecutors may bring charges, seek plea agreements, or discontinue the case conditionally.

During the court trial, the prosecutor and accused are the primary parties. Victims can participate as subsidiary prosecutors. The court reviews evidence collected during the investigation, hears witnesses again, and can admit new evidence at any time. Trials can span multiple hearings and often last over a year. Decisions can be appealed, with appellate courts primarily reviewing case files rather than hearing new evidence.

In special circumstances, an extraordinary appeal (cassation) can be filed to the Supreme Court, either by the parties or requested through the Minister of Justice.

The article was published on the Chambers website. Click HERE to read the full article.