Part I. Introductory Provisions
Article 1 Scope of application
Criminal proceedings in cases under the jurisdiction of courts are conducted pursuant to the provisions of this Code.
Article 2 Aims of proceedings, principle of material truth
§ 1. The provisions of this Code are to ensure that in the course of criminal proceedings:
1) the offender is identified and called to criminal responsibility, and that such responsibility is not imposed on an innocent person,
2) by the correct application of measures provided for by criminal law, and by the disclosure of the circumstances that facilitated the commission of the offence, the aims of criminal procedure are fulfilled not only in combating the offences, but also in preventing them, as well as enhancing the rule of law and the principles of social co-existence;
3) legally protected interests of the aggrieved party are taken into consideration, with due respect for his or her dignity, and
4) the case is resolved within a reasonable period of time.
§ 2. The decisions can be based exclusively on actual established facts.
Article 3 Participation of community representative
Within the scope set forth by the law, criminal proceedings are conducted with the participation of a representative of the community.
Article 4 Principle of objectivism
Authorities conducting criminal proceedings are obliged to examine and take into consideration the circumstances both for and against the accused.
Article 5 Presumption of innocence
§ 1. The accused is presumed to be innocent until his guilt is proven and affirmed by the final judgment of the court.
§ 2. Irresolvable doubts are resolved exclusively in favour of the accused.
Article 6 Right of defence
The accused has the right to defend himself, including the use of a defence counsel. The accused should be advised of this right.
Article 7 Principle of free appraisal of evidence
The authorities in charge of the proceedings form their convictions on the basis of evidence gathered and appraised at their own discretion, with due consideration given to the principles of sound reasoning and life experience.
Article 8 Principle of independence of jurisdiction
§ 1. The criminal court determines, at its own discretion, the factual and legal matters and is not bound by the determinations of another court or authority.
§ 2. The valid determinations of a court establishing rights or legal relationships are nevertheless binding.
Article 9
Ex officio proceedings
§ 1. The judicial authorities carry out proceedings and undertake actions ex officio unless, by virtue of the law, a complaint from a specified person, institution, or authority, or a permission from an authority is required.
§ 2. The parties and other directly interested persons may request the performance of also these actions which the authorities may or are obliged to undertake ex officio.
Article 10 Principle of legalism
§ 1. With respect to an offence prosecuted ex officio, the authority responsible for the prosecution of offences is obliged to institute and conduct preparatory proceedings, and the public prosecutor is moreover obliged to bring and support charges.
§ 2. Except for the cases mentioned in the law or in international law, no one can be discharged from liability for an offence committed.
Article 11 Discontinuation in view of penalty imposed for another offence
§ 1. The proceedings concerning a summary offence punishable by a penalty of imprisonment for up to five years may be discontinued, if the imposition of the penalty on the offender would be obviously purposeless in view of a penalty validly decided for another offence and provided that such a discontinuation is not contrary to the interest of the aggrieved party.
§ 2. If the penalty for the other offence has not yet been decided by a final judgment, the proceedings may be suspended. The suspended proceedings should be discontinued or resumed within three months of the date at which the judgment concerning the other offence referred to in § 1 became final.
§ 3. Proceedings discontinued pursuant to § 1 may be re-opened in case of an annulment or a substantial change of the final court judgment for which they were discontinued.
Article 12 Prosecution on complaint
§ 1. In cases concerning offences prosecuted on complaint, after the complaint is filed proceedings are conducted ex officio. The prosecuting authority advises the person entitled to file a complaint of his right to do so.
§ 2. If a complaint has only been filed against specific offenders, it is also obligatory to prosecute any other persons whose acts are closely linked with the act of the person indicated in the complaint. The person filing the complaint should be made aware of this. These provisions do not apply to the next of kin of the person filing the complaint.
§ 3. The complaint may be withdrawn during preparatory proceedings with the consent of the public prosecutor. During court proceedings, the complaint may be withdrawn with the consent of the court before the commencement of the trial at the first hearing. The complaint cannot be filed again.
Article 13 Permission of state authority
If, according to the law, an offence may be prosecuted only subject to the permission of state authority, a duty to obtain such permission rests on the prosecutor.
Article 14 Principle of accusatorial procedure
§ 1. Court proceedings are instituted upon request from an authorised prosecutor or from another authorised entity.
§ 2. The public prosecutor may withdraw the indictment until the commencement of judicial proceedings at the first main trial. In the course of judicial proceedings before the court of first instance the withdrawal of the indictment is permissible only with the consent of the accused. A repeated submission of the indictment against the same person for the same offence is inadmissible.
Article 15 Police powers
§ 1. The Police and any other authorities involved in criminal proceedings observe instructions from the court, the court referendary and the public prosecutor and conduct their investigation or their inquiry under the supervision of the public prosecutor within the limits set forth by the law.
§ 2. All state and local government institutions are obliged to assist, within the scope of their activity, the authorities conducting criminal proceedings at the time indicated by said authorities.
§ 3. Legal persons and organisational entities without legal personality other than those listed in § 2, as well as natural persons, are obliged to assist the authorities conducting criminal proceedings at their request, within the limit and at the time indicated by said authorities, where the lack of such assistance would significantly hinder the conduct of the proceedings or make them impossible.
Article 16 Principle of right to information
§ 1. If the authority in charge of the proceedings is obliged to instruct the parties to the proceedings of their duties and rights, the lack of such an instruction or an incorrect instruction may not result in any adverse consequences either to the participant or any other person concerned with the proceedings.
§ 2. Moreover, the authority conducting the proceedings, if the need occurs, informs the parties to the proceedings of their rights and duties, even if it is not explicitly required by the law. If, in view of the circumstances, the instruction was indispensable and the authority failed to give such an instruction or gave an incorrect instruction, the provisions in § 1 apply accordingly.
Article 17 Conditions of criminal proceedings
§ 1. Criminal proceedings are not instituted, or, if previously instituted, are discontinued in cases where:
1) the act has not been committed or there are insufficient grounds to suspect that it was committed,
2) the act does not have the features of a prohibited act or when the law provides that the perpetrator has not committed an offence,
3) the effects of the prohibited act on society are insignificant,
4) according to the law, the offender is entitled to an absolute discharge,
5) the accused is deceased,
6) the prescribed statute of limitations has expired,
7) criminal proceedings that concern the same act committed by the same person have arrived at a final judgment or, if previously instituted, are still pending,
8) the offender is not subject to the jurisdiction of the Polish criminal courts,
9) there is no motion from an authorised prosecutor,
10) there is neither a permission required for the prosecution of the act nor a complaint from an authorised person, unless the law provides otherwise,
11) there exists any other circumstance barring the prosecution of the act.
§ 2. Until a complaint is filed or permission from an authority obtained, which by law constitutes a prerequisite of prosecution, the authorities conducting the proceedings perform only those actions that are urgent, in order to secure traces or material evidence or actions that aim to clarify whether the complaint will be filed or permission obtained.
§ 3. The impossibility of attributing guilt to the perpetrator does not preclude proceedings with regard to the application of preventive measures.
§ 4. The circumstances referred to in § 1 point 4-6 do not preclude forfeiture proceedings referred to in Article 45a § 2 of the Criminal Code and Article 43a of the Fiscal Criminal Code.
Article 18 Minor offence, disciplinary offence
§ 1. If the act constitutes only a minor offence, the public prosecutor, upon refusal to institute proceedings or a discontinuance thereof, refers the case to the Police in order to file a request for punishment with the competent court. The public prosecutor is also entitled to file such a request.
§ 2. If, according to the court or the public prosecutor, an act constitutes a disciplinary offence, or an infringement of service duty or the principles of community life, they may, upon refusal to institute criminal proceedings or discontinuance thereof, especially if the effects of the act on the society are insignificant, refer the case to another competent authority.
Article 19 Notification
§ 1. If, in the course of the proceedings, a serious transgression in the activities of a state, local government or community institution is found and, in particular, if this transgression encourages criminal offences, the court, or in preparatory proceedings the public prosecutor, informs the organisational unit's supervisory authority of this transgression and, if necessary, also its controlling authority. The Police notify the public prosecutor of the identified transgressions.
§ 2. Upon notification of the transgression, the court or the public prosecutor may, within a defined time limit, request explanations and information about measures applied in order to prevent similar transgressions in future.
§ 3. If no explanation was provided within the prescribed time limit, a maximum fine of 10 000 PLN can be imposed on the head of the authority obliged to provide such an explanation.
§ 4. The decision to impose a penalty is subject to interlocutory appeal. The interlocutory appeal against the decision of a public prosecutor is heard by the district court.
Article 20 Infringement of duties of defence counsel, attorney or public prosecutor
§ 1. In the event of a flagrant infringement of duties on the part of a defence counsel or an attorney, the court, and in preparatory proceedings the public prosecutor, notifies the competent regional bar council or the council of the regional chamber of legal advisors thereof, requesting that the dean provides within a defined time limit of no less than 30 days, information about measures applied as a result of the notification. A copy of the notification is sent to the Minister of Justice.
§ 1a. If information referred to in § 1 are not provided within the time prescribed, a fine of maximum amount of 10 000 PLN may be imposed on the dean of the competent council.
§ 1b. The decision to impose a penalty is subject to interlocutory appeal. An interlocutory appeal against a public prosecutor's decision in preparatory proceedings should be filed with the district court, in whose judicial district the proceedings were instituted.
§ 2. In the event of a flagrant infringement of duties on the part of a public prosecutor or an authority conducting preparatory proceedings, the court notifies thereof a direct superior of the person who committed the infringement, requesting information about actions taken as a consequence of the notification within a prescribed time limit of no less than 14 days. With regard to the Police and any other authorities involved in preparatory proceedings such a right is vested also in the public prosecutor.
§ 2a. If the infringement was committed by a public prosecutor, a copy of the notification referred to in § 2 is sent by the court to the General Prosecutor. If the infringement was committed by a public accuser other than a public prosecutor, it is sent to a competent authority superior over a direct superior of this accuser.
Article 21 Notification of initiation and completion of proceedings
§ 1. Any employees of state, local government and social institutions, as well as pupils, students or soldiers against whom proceedings are conducted ex officio, shall have their superiors notified immediately of the completion of such proceedings.
§ 2. The public prosecutor also issues a notification about the initiation of proceedings against public officials, and against other persons referred to in § 1, if the important public interest so requires.
Article 22 Suspension of proceedings
§ 1. If a long-lasting impediment arises which renders the proceedings impossible, and in particular, if the accused cannot be apprehended or cannot participate in the proceedings due to mental illness or any other serious disorder, the proceedings are suspended as long as such an impediment exists.
§ 2. The decision suspending the proceedings is subject to interlocutory appeal.
§ 3. During the period of suspension, adequate measures are however applied in order to protect evidence against loss or distortion.
§ 4. If the conditions defined in Art. 45a § 2 of the Criminal Code or Article 43a of the Fiscal Criminal Code are fulfilled, after the decision suspending the proceedings has become final, the court rules on the forfeiture ex officio, and in preparatory proceedings - at the request of the public prosecutor. If the accused has no defence counsel, a defence counsel ex officio is appointed in the proceedings concerning the application of forfeiture.
§ 5. The decision on the forfeiture is subject to interlocutory appeal.
Article 23 Notification to the family court
In the case of an offence committed to the detriment of a minor, in cooperation with a minor or in circumstances that might indicate demoralisation of a minor or a demoralising influence over a minor, the court, and in preparatory proceedings the public prosecutor, notifies the family court for the purpose of considering measures as prescribed in the provisions concerning proceedings in cases against minors and in the Family and Guardianship Code.
Article 23a Mediation proceedings
§ 1. The court or the court referendary, and in preparatory proceedings the public prosecutor or another agency conducting these proceedings, may - on the initiative or with the consent of the aggrieved party and of the accused - refer the case to an authorised institution or person for the purpose of conducting mediation between the aggrieved party and the accused. These persons should be instructed of the above and informed about the objectives and principles of mediation proceedings, including the contents of Article 178a.
§ 2. Mediation proceedings should not exceed one month and this period is not included in preparatory proceedings.
§ 3. Mediation proceedings cannot be conducted by a person, to whom in a given case apply the restrictions specified in Articles 40 and 41 § 1, a professionally active judge, public prosecutor, assistant public prosecutor or trainee for any of the above professions, lay judge, court referendary, judge's assistant, public prosecutor's assistant or a functionary of another institution entitled to prosecute offences. Article 42 applies accordingly.
§ 4. The participation of the accused and the aggrieved party in the mediation proceedings is voluntary. The consent for the participation in mediation proceedings is taken by the agency referring the case to mediation or by the mediator, after the accused and the aggrieved party have been informed about the objectives and principles of mediation proceedings and instructed about the possibility of withdrawing their consent until the conclusion of mediation proceedings.
§ 5. Mediator is granted access to case files in the scope necessary for the conduct of the mediation proceedings.
§ 6. After the mediation proceedings are concluded, a report on results is drawn up by a an authorised institution or person. Settlement signed by the accused, the aggrieved party and the mediator is enclosed to the report, if it has been executed.
§ 7. Mediation proceedings are conducted in an unbiased and confidential manner.
§ 8. The Minister of Justice shall, by way of a regulation, specify the conditions that must be met by an institution or persons authorised to conduct mediation proceedings, the way in which such institutions or persons are appointed and dismissed, the scope and conditions of granting them access to case files, as well as the scope of a report on the results of mediation proceedings, bearing in mind the need for the efficiency of these proceedings.
Article 23b (
repealed)