DETERMINING THE STATE OF A CRIMINAL CASE
automatic translation from Polish
Information that a person is interested in Polish police does not mean that he or she is suspected of committing a crime or that there is an arrest warrant. The reasons for searching for a person are usually as follows:
- searching in order to determine the place of stay and for delivery of a summons to appear to a specific unit of the Police, prosecutor's office or court (e.g. as a witness or suspect (accused)),
- searching for detention (up to 48 hours) and interrogation (to the court, prosecutor's office or the Police),
- search for arrest (e.g. for 14 days or 3 months) or imprisonment.
HOW TO FIND OUT WHAT'S ABOUT
There are several ways to determine the purpose of Police activities:
- if there is any notice or summons left after the police visit, they should be read - it should say who and in what capacity is looking for the person,
- if you know which police unit the officers were from, you can call and try to find out. However, it should be remembered that in larger police stations police officers who answer the phone may not know what their colleagues are doing. In addition, police officers may not want to provide information or may provide incomplete information (which can often be synonymous with receiving false information).
- if there is any suspicion as to which event is involved, you can directly contact (by phone or mail) the local police, prosecutor's office or court unit or conduct proceedings in a given case (in relation to a specific event); it is very important to set the case number so that you can easily find information about the case later.
- you can hire a lawyer, give him a written power of attorney (and as much information as possible about the case) to represent him in a criminal case. Such a lawyer can direct letters, call and go to selected police units, prosecutors and courts (without the risk of being detained) to determine the state of the case. In this case, the lawyer acts as a defense counsel for a person suspected or accused of a crime (or a representative, e.g. a witness) and has full rights (guaranteed in the Code of Criminal Procedure) to obtain information on the state of the case. At the same time, the lawyer is in principle prohibited from providing information to the police, prosecutors and courts that could harm his client. Therefore, he will not disclose, e.g. his client's whereabouts, etc.
- you can finally go to the Police personally, but in the event of a detention order, the police will have to detain the person despite being voluntarily reported.
HOW TO SAFE BACK TO COUNTRY
Determining the status of a criminal case has, inter alia, to answer the question whether it is safe to return to the country, and if not what to do to make it possible. Different situations can happen:
- the person was sought to determine the place of stay - after providing a foreign address (if the person does not have to keep it secret), the search is usually canceled, but the person sought earlier may be required to appear, e.g. for questioning,
- the search was for detention and for interrogation - then you can also apply for the detention order to be revoked after providing the address of residence abroad, if this does not work, you must apply for an safe conduct,
- there was a warrant and arrest warrant - if the safe conduct cannot be lifted (for this the assistance of a lawyer seems necessary, it is necessary to obtain an safe conduct)
- the convicted person is wanted in order to serve a sentence of imprisonment - you can apply for postponement of the execution of the sentence, sometimes also for its suspension and after a longer period of time to discontinue the proceedings due to limitation.
An safe conduct allows you to participate in a criminal case without fear of being arrested.