Amendment to the Polish Code of Criminal Procedure
The draft amendment to the Polish Code of Criminal Procedure introduces the most comprehensive package of changes in years, implementing eleven EU directives and strengthening procedural guarantees for suspects, accused persons, victims and detainees. Key reforms cover the right to an interpreter, access to case files, the right to a lawyer from the moment of detention, special safeguards for minors, and restrictions on the abuse of pre-trial detention. The law is planned to enter into force six months after its promulgation. The bill was tabled in the Sejm on the 1st of June 2026 and was referred for its first reading on the 15th of July 2026.
Implemented EU Directives
The reform responds to Poland’s EU obligations. Key instruments include Directive 2010/64/EU on interpretation and translation. Directive 2012/13/EU concerns the right to information. Directive 2013/48/EU governs access to a lawyer. Directive 2016/800/EU protects child suspects. Directive 2016/1919/EU regulates legal aid. Directive 2012/29/EU addresses victims’ rights. Directive 2017/541 covers terrorism and its victims. These directives were already transposed earlier. The draft increases the effectiveness of their application.
Right to Interpretation
Existing rules were considered too narrow. An interpreter appeared only at selected procedural steps. The new art. 72 § 2 k.p.k. extends this right. It covers consultations with defence counsel before filing an appeal. The new art. 72 § 2a k.p.k. guarantees sign-language interpretation. It applies at hearings, sessions and contacts with counsel. The accused may demand translation of any document material to the defence. Objections to translation quality may also be raised.
Access to Defence Counsel
This is the largest change for detained persons. Amended art. 245 and art. 301 k.p.k. guarantee real access to counsel. The detainee receives a list of duty lawyers. That fact is recorded in the detention protocol. The State Treasury temporarily covers the first consultation costs. A “temporary” court-appointed counsel may be designated before the first interrogation. The possibility of limiting confidentiality of lawyer contacts is abolished.
Safeguards for Minors
New art. 301a k.p.k. makes counsel’s participation mandatory below eighteen. This covers police interrogations and detention hearings. The exception is narrow and objectively justified. New art. 79 § 3a k.p.k. extends mandatory defence until final judgment. Every interrogation of a minor requires audio-visual recording.
Case Files and Pre-Trial Detention
Amended art. 156 § 5a k.p.k. obliges prompt notification of detention motions. Files underlying the motion must be disclosed without delay. Art. 250 § 2b k.p.k. is repealed as disproportionate. New art. 246 § 1a k.p.k. grants file access to detainees. The penalty threshold for detention rises from eight to ten years. An absolute twelve-month limit is introduced. The prosecutor loses the veto over bail decisions.
Evidence, Privilege and Victims
Art. 168a k.p.k. bars evidence obtained through a prohibited act. Statements taken in breach of defence rights are inadmissible. Searching a lawyer’s office requires prior notification of the bar dean. Sworn translators join the absolutely protected professions. Terrorism victims gain psychological and informational support. Subsidiary indictments become procedurally simpler
Full article is available in Polish here.