The Code of Criminal Procedure, particularly Article 244, comprehensively regulates the circumstances in which the police have the right to detain a person and the rules for dealing with a detainee.
Based on my many years of experience as a lawyer specialising in criminal law, I know that awareness of one’s rights during detention can fundamentally affect the further course of proceedings. Many people are unaware that the police may not detain a citizen without specific legal grounds, and that a detainee has, among other things, the right to contact a lawyer without delay and to be informed of the reasons for the detention.
In this article, I will discuss in detail the police detention procedure, the grounds for its legality, and the rights of a detained person. I will also explain what steps may be taken in the event of unjustified detention and what role a professional legal representative plays in this process.
What is police detention under the Code of Criminal Procedure?
Police detention is the temporary deprivation of liberty of a person suspected of committing an offence, which may be carried out by police officers in circumstances strictly specified by law. The legal basis for this action is Article 244 of the Code of Criminal Procedure, which precisely defines when the police have the right to detain a person.
Under Article 244 § 1 of the Code of Criminal Procedure, the police have the right to detain a suspect if there is a justified suspicion that the person has committed an offence and there is a fear that the person may flee or go into hiding, destroy traces of the offence, or if the person’s identity cannot be established. This is one of the provisions most frequently applied in detention practice.
It is worth emphasising that detention is not equivalent to arrest or pre-trial detention. It is temporary in nature and serves to safeguard the proper course of criminal proceedings at their preliminary stage.
When does the police have the right to detain a suspect?
The police may make a detention in several strictly defined situations. The primary ground is a justified suspicion that a person has committed an offence. Suspicion alone is not sufficient—it must be supported by specific evidence or circumstances.
Furthermore, under Article 244 § 1a of the Code of Criminal Procedure, the police have the right to detain a suspect if there is a justified suspicion that the person has committed an offence involving violence against a person with whom they share a residence, and there is a fear that they will again commit an offence involving violence against that person, particularly where they have threatened to commit such an offence.
Article 244 § 1b of the Code of Criminal Procedure also provides for the possibility of detention in cases of offences committed using a knife or another dangerous object. Moreover, under Article 244 § 2, the police have the right to detain a suspect if there are grounds for conducting accelerated proceedings against that person.
How long may police detention last?
The duration of detention is strictly defined by law. Under Article 248 § 1 of the Code of Criminal Procedure, a detainee must be released immediately when the reason for the detention ceases to exist, and also if, within 48 hours from the time of detention, they are not placed at the court’s disposal together with an application for pre-trial detention.
It is important to remember that within 24 hours of detention, the detainee must be placed at the court’s disposal or released. This means that the police have 24 hours to collect the necessary information and decide whether to release the detainee or refer the matter to the court.
It should be emphasised that any extension of detention beyond the specified time limits without an appropriate court decision is unlawful and may result in liability for the officers responsible for such a violation.
What rights does a detained person have?
A detained person, despite the temporary restriction of their liberty, retains a number of important rights. First and foremost, a detainee has the right to information about the reasons for the detention and the rights available to them, including the right to contact a lawyer or legal adviser, as well as the right to make a statement and to refuse to make a statement.
Under the Code of Criminal Procedure, a detainee also has the right to free assistance from an interpreter if they do not have a sufficient command of the Polish language. This right is particularly important for foreigners who may find themselves in a difficult communication situation during detention.
In addition, a detainee has the right to first aid where necessary, as well as the right to notify a close person of the detention. Exercising these rights is an obligation of law enforcement authorities and constitutes a fundamental guarantee of respect for human dignity and human rights in criminal proceedings.
Why is contact with a lawyer crucial for a detained person?
Contact with a lawyer during detention is one of the most important rights of a suspect. A professional legal representative may immediately take steps to verify the legality of the detention and ensure that the detainee’s rights are respected by law enforcement authorities.
A lawyer may also advise the client on whether to give explanations or exercise the right to refuse to give them, which often has crucial significance for the further course of proceedings. In addition, the presence of a lawyer during questioning provides an additional guarantee that procedures will be followed and prevents potential abuses.
In the event of detention, kancelaria Kopeć Zaborowski Adwokaci i Radcowie Prawni offers immediate legal assistance. Experienced lawyers specialising in criminal law are available 24 hours a day to provide professional support in crisis situations. I encourage you to contact the law firm, which effectively defends the rights of detained persons and looks after their interests at every stage of the proceedings.
What does a detention record contain and why is it important?
A record is drawn up for every detention, and it is an extremely important document in the proceedings as a whole. The detention record should contain precise information about the date, time and place of detention, the detainee’s personal details, the reasons for detention, and all actions carried out in relation to the detained person.
This document must be signed by the officer carrying out the detention and, as a rule, by the detained person. It is important to remember, however, that a detainee has the right to refuse to sign the record if they disagree with its contents, and the officer is required to record that fact.
The detention record is crucial when the legality of the detention is subsequently challenged, which is why it is advisable for the detainee’s lawyer to examine the document carefully for any irregularities.
What should you do in the event of unjustified police detention?
If the detention was unjustified or carried out in breach of the law, the detainee has the right to file a complaint against the detention with the district court having jurisdiction over the place of detention. The complaint may be filed within 7 days of the date of detention.
The court examining the complaint assesses the legality, legitimacy and correctness of the detention. If it finds that the detention was unjustified, unlawful or improperly carried out, the court issues a decision declaring it illegal or unjustified.
A favourable court decision concerning the unjustified nature of the detention opens the way to seeking compensation and damages for the loss and harm suffered. In such situations, the assistance of an experienced lawyer who can guide the client through the complex compensation procedure is invaluable.
What consequences may result from unjustified detention?
Unjustified detention is a serious violation of human rights and may entail consequences both for the officers responsible and for the State Treasury. Officers may incur disciplinary liability and, in cases of gross violations of the law, even criminal liability.
A person who has been unjustifiably detained has the right to compensation for material loss suffered and damages for the harm experienced. The legal basis for pursuing these claims is found in Chapter 58 of the Code of Criminal Procedure.
It is worth emphasising that pursuing compensation for unjustified detention requires specialist legal knowledge, which is why it is advisable to seek the assistance of a lawyer with experience in handling this type of case.
When can police detention become pre-trial detention?
Police detention may be the first step towards applying pre-trial detention, which is a custodial preventive measure. Under Article 244 § 3 of the Code of Criminal Procedure, where there are grounds for applying pre-trial detention, the prosecutor may apply to the court for this measure to be imposed.
Pre-trial detention may be applied only where there is a high probability that the suspect committed an offence and, at the same time, there is a fear that the person may flee or go into hiding, a fear of obstructing the proceedings, or a fear that they may commit another serious offence.
The decision to apply pre-trial detention is made exclusively by the court at a hearing, which both the suspect and their defence counsel have the right to attend. It is therefore crucial for a detained person to contact a lawyer as soon as possible, so that an effective defence strategy can be prepared at this early stage of the proceedings.
How should you prepare for contact with a lawyer after detention?
In a detention situation, it is crucial to contact a lawyer as soon as possible. To make the most of the conversation, it is advisable to prepare concise information about the circumstances of the detention, the charges brought, and the course of the actions carried out with the detainee’s participation to date.
If possible, the lawyer should be given information about witnesses to the event, available evidence, and any circumstances that may be relevant to the case. The more relevant details the lawyer receives, the more effectively they will be able to represent the detainee’s interests.
Let us remember that communication with a lawyer is protected by professional privilege, which means that a detainee may present their situation freely and openly without fear that the information provided will be used against them. Call kancelaria Kopeć Zaborowski Adwokaci i Radcowie Prawni, where criminal-law specialists are ready to provide the necessary legal support.
How can you effectively defend your rights in the event of detention?
Police detention is a serious interference with personal freedom, but knowledge of one’s rights and appropriate conduct may significantly affect the course of the entire case. Above all, one should remain calm and remember the rights available, including the right to contact a lawyer, the right to information about the reasons for detention, and the right to make a statement or refuse to make one.
One should not make hasty decisions or give explanations without consulting a lawyer. A professional legal representative will help assess the situation, verify the legality of the detention and plan further legal steps. If the detention is found to have been unjustified, an lawyer will conduct the procedure aimed at obtaining compensation and damages.
Let us remember that the legal system provides a number of safeguards for detained persons, and their violation may lead to significant procedural consequences. Contact us to obtain professional legal assistance in the difficult situation of detention. Write to us or call—we are ready to help defend your rights!
Author: Artur Krawczyk – lawyer specialising in criminal law