Complaint against the decision to apply temporary detention

If the court decides to apply pre-trial detention, the decision may be appealed against. They should be submitted within 7 days from the announcement of the decision on temporary arrest (if the party was present at the announcement) or within 7 days from the date of delivery of the decision. It is worth remembering that this time limit runs separately for the suspect and his defense lawyer, i.e. that anyone may file a complaint at different times.

A complaint is an appeal in which the arguments of the court of the first instance are challenged. It is heard by a higher-level authority, i.e. most often by the competent district court. Remember that the complaint is submitted through the court that issued the decision under appeal. Theoretically, a complaint against a decision to apply pre-trial detention should be examined immediately, while in practice it happens that it takes up to 2 months to be recognized.

Although you can write a complaint against the decision to apply temporary detention yourself, it is worth entrusting it to specialists. It is necessary to pay attention to the considerable degree of formalization of this pleading, which, combined with its importance for the inmate, makes the genre weight of this letter extraordinary. It is necessary to skillfully identify the so-called appeal allegations resulting from incorrect – in our opinion – application of the conditions for applying preventive measures.

The moment of recognizing an appeal is very important as it is basically the first chance to revoke or amend this measure. The next one will have to wait until the further application of this isolation preventive measure is considered.

We have provided only very general information above. More details can be found below in the texts of our specialists.

We invite you to read it!

zmiana tymczasowego aresztowania

Possibilities to change pre-trial detention