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Temporary Arrest Reform: Shorter Detention, Better Defense Rights

The bill reforms temporary arrest rules in Poland, cutting maximum initial detention from 3 months to 1 month and introducing mandatory 24/7 duty counsel for detainees. Suspects gain faster access to case files and public court hearings. Illegally obtained evidence becomes absolutely inadmissible.
Key points
Maximum initial temporary arrest period reduced from 3 months to 1 month, with 12-month total limit.
Introduction of round-the-clock duty attorney system – detainees have right to immediate contact with state-funded defense counsel.
Court hearings on arrest become public, with possibility to exclude public only for proper conduct of proceedings.
Suspect and defense attorney receive immediate access to case files with evidence upon arrest request, in paper or electronic form.
Court may refuse arrest extension if prosecutor failed to conduct planned proceedings without justified reason.
Absolute ban on using evidence obtained through criminal acts – 'fruits of the poisonous tree' doctrine.
Prosecutor loses power to unilaterally legalize evidence from covert operations – court approval now required.
Appeals against arrest decisions reviewed by three-judge panel instead of single judge.
Mandatory immediate notification of parents or guardians when minor is arrested.
Arrest inapplicable for offenses punishable by up to 2 years imprisonment (previously 1 year).
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Previous:
Placed on Calendar
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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