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Reform of pre-trial detention and evidence in criminal proceedings

The amendment to the Code of Criminal Procedure introduces significant changes to the rules of pre-trial detention, shortening its maximum duration and strengthening judicial oversight. Detainees will gain the right to a free public defender, and courts will have to process detention requests faster. The new law also bans the use of illegally obtained evidence in court, aiming to protect citizens' rights.
Key points
Shortening the maximum initial pre-trial detention period from 3 months to 1 month, with a total limit of 12 months during the investigation phase.
Introduction of mandatory, 24/7 duty rosters for lawyers and legal advisors, paid by the state, to ensure immediate access to a lawyer for every detainee.
An absolute ban on using evidence obtained by the prosecution through a criminal act (e.g., illegal surveillance) in court.
Court hearings on detention will be public, and the prosecutor must attend in person; otherwise, the motion will be dismissed.
The court must rule on a detention request within 24 hours, and appeals against detention decisions will be heard by a panel of three judges, not one.
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Status:
Introduced
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Additional Information
Poselski projekt ustawy o zmianie ustawy - Kodeks postępowania karnego.
Print number: PROJEKT USTAWY 2746
Process start date: 2026-07-01