The Court Watch Foundation 2024 report highlights the overuse of pre-trial detention in Poland, particularly concerning business executives and company board members. Intended as a last resort to ensure the proper course of proceedings, pre-trial detention often becomes a routine tool. This practice disproportionately affects individuals leading stable lives, such as entrepreneurs, whose isolation not only destabilizes their professional careers but also harms the companies they manage.
The Court Watch Foundation ‘s findings
Economic crimes, often referred to as “white-collar crimes,” primarily involve document-based evidence. In such cases, securing relevant documents and employing alternative preventive measures would suffice instead of imposing detention. Interviews with affected entrepreneurs reveal that even brief periods of detention have far-reaching personal and professional consequences, including the disruption of businesses and damage to reputation.
The report further identifies procedural flaws. Prosecutors frequently submit vague detention requests lacking case-specific justifications, while judges often fail to adequately review case files due to time constraints. As a result, detention decisions are frequently based on unsubstantiated risks, such as flight or evidence tampering, even when suspects have stable personal and professional circumstances.
Prolonged pre-trial detention is another critical issue. Research by the Court Watch Foundation indicates that the average detention duration is over two years, far exceeding the time needed to secure evidence. This overuse of detention disrupts suspects’ social roles and negatively impacts families, businesses, and professional networks.
Amendments proposed by Commission for the Codification of Criminal Law
Proposed amendments to the Code of Criminal Procedure aim to address these concerns. Key changes include reducing the maximum pre-trial detention duration from 24 to 12 months and requiring detailed justifications for extensions. Additionally, the amendments limit the use of detention based solely on severe potential penalties, restricting its application to cases involving sentences of at least 10 years or when a court of first instance imposes a penalty of 3 years or more. Detention will also be prohibited in cases where the penalty is less than 2 years of imprisonment.
These reforms mark a significant step toward limiting the misuse of pre-trial detention. Their effectiveness will depend on strict adherence to the new regulations and consideration of the broader impact on suspects and their businesses. Only by balancing societal interests with individual rights can the legal system ensure justice and prevent further misuse of pre-trial detention.
Full article is available in Polish here.
