Pre-trial
detention

Court hearing concerning the examination of the motion for temporary arrest

Within 48 hours of your arrest, the prosecutor must apply to the competent district court for pre-trial detention. If he does not, you will be released and you will be subject to non-custodial preventive measures, e.g. police supervision or bail, and perhaps no measure will be applied.

From the moment of submitting the application for pre-trial detention, the court has 24 hours to examine it. The prosecutor’s request contains arguments that the most severe preventive measure must be applied to you. The prosecutor must indicate the evidence that supports your perpetration, the threats to the proper course of the proceedings if you remain at liberty, and must justify the duration of the pre-trial detention requested (up to 3 months).

The moment from your arrest to the court hearing is the time spent by the defense lawyer. He must gather evidence in your favor very quickly. In addition, he must read the prosecutor’s application and find weaknesses in it. Although in accordance with the regulations, the application for temporary arrest and the evidence in it are open to the defense lawyer, in practice they are often made available shortly before the court session, so that substantive preparation for the defense is extremely difficult.

The court hearing is the first crucial moment. This is the first chance to convince the judicial authority that you do not need temporary arrest. Bearing in mind that nearly 98% of prosecutor’s requests are accepted by the courts, one cannot give up and it is worth fighting.

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!


31.08.2020

(Un)justification of the application of pre-trial detention in a situation of severe punishment

dowód areszt
31.08.2020

Evidence of a co-suspect’s slander as evidence for his pre-trial detention

11.08.2020

Automation of the actions of the Public Prosecutor’s Office in relation to applications for the extension of pre-trial detention and the occurrence of “special circumstances of the case” preventing the completion of the proceedings on time.