In preliminary investigation, the court set up an arrest to the suspect, but only at the request of the prosecutor. The scope of assessment of this application determines the framework of the entire proceedings for the application of pre-trial detention. Therefore, an important issue arises to what extent the court can assess the prosecutor’s application.
Practical problem and solution
When preparing an application for pre-trial detention, the prosecutor provides the court with the legal qualification of the act and a list of evidence to support it. There was a discrepancy in the case law as to whether the court was bound by this qualification. This is a very important issue, because the legal qualification determines whether the case meets the so-called a severe penalty that is sufficient to require pre-trial detention. Similarly, with regard to the evidence presented by the prosecutor in the case. If the reconstruction of the facts by the court can be based solely on the evidence provided by the prosecutor, there is a risk that the court will make a decision without having the opportunity to learn about the circumstances favorable to the suspect.
However, the latest line of jurisprudence, supported by the Supreme Court, holds that the criminal court, when examining an application for pre-trial detention, is authorized to examine all circumstances of the case, including the legal qualification adopted in the application. Consequently, the court may find that the prosecutor’s assessment of the case is incorrect and he should conduct the proceedings with a different classification of the act. Also in the matter of evidence, it was found that the court had full competence to examine all circumstances of the case regarding the grounds for applying pre-trial detention.
Thanks to that, at the stage of arrest proceedings it is possible to fully present errors in the reasoning of law enforcement authorities as to the legal qualification and the collected evidence.
Full article is available in Polish here.
