Extradition and the European Arrest Warrant (EAW) in Poland: Defense Algorithm and Legal Status
The procedure for extradition and execution of the European Arrest Warrant (EAW, Polish: Europejski Nakaz Aresztowania) in Poland is regulated by the provisions of Chapter XIII of the Code of Criminal Procedure (Kodeks postępowania karnego). As an EU Member State, Poland strictly adheres to the principles of mutual recognition, while at the same time ensuring judicial review of the legality of each procedure.
EAW versus Classical Extradition
In Poland, two fundamentally different paths of legal prosecution are distinguished:
• EAW (Europejski Nakaz Aresztowania): Applies exclusively to relations between EU Member States. This is a judicial procedure based on mutual trust. The Polish court verifies only the formal requirements of the warrant.
• Extradition (Ekstradycja): Applies to relations with non-EU countries (e.g., the USA, CIS countries, etc.), on the basis of bilateral treaties or the European Convention on Extradition. Here, the procedure is more complex and involves a more in-depth review by the prosecutor's office and the regional court (Sąd Okręgowy).
Algorithm of Actions in Case of Police Detention
If you have been detained by the police (Policja) on the basis of an international wanted notice or EAW, follow this algorithm:
- From the moment of detention, you have the right to receive information about the reasons in a language that you understand (including a written translation of the detention decision).
- The police may hold you for up to 48 hours, after which you must be brought before the prosecutor's office (Prokuratura).
- The prosecutor is obliged to question you. Important: You have the full right to refuse to give statements concerning the substance of the charges until you have consulted with a lawyer. Do not sign documents if you are not sure of their contents.
- The prosecutor almost always submits a request to the regional court for the application of a preventive measure in the form of temporary detention (tymczasowe aresztowanie). This detention is carried out in a specialized facility — Areszt Śledczy. Your task is, through a lawyer, to provide the court with evidence allowing a less severe preventive measure to be applied (for example, bail — poręczenie majątkowe).
Deadlines and Procedure of Court Proceedings
The regional court (Sąd Okręgowy) is the authority that decides on the surrender of a person to the requesting state.
• For EAW: Pursuant to Article 607l of the Code of Criminal Procedure (kpk), the decision on the execution of the warrant must be made within 60 days. If the person has consented to surrender, the period is reduced to 10 days.
• For extradition: The deadlines are not fixed as strictly and depend on how quickly the requesting state provides the complete package of evidence of guilt.
Why the Court May Refuse (Grounds for Refusal)
Polish courts are not an “automatic” instrument for surrender. There are strong legal grounds for refusal (Article 604 kpk):
• The act for which you are wanted must be recognized as a criminal offense in Poland.
• If the defense proves that extradition would lead to a violation of fundamental rights (the threat of torture, violation of the right to defense), the court is obliged to refuse.
• If, under Polish criminal law, the limitation period for the case has expired, extradition is excluded.
• Poland may refuse to extradite its own citizen if the treaty with the requesting party allows it (usually replaced by transferring the case for enforcement of the sentence in Poland).
Role of the Lawyer (Adwokat)
In Polish proceedings, a lawyer is not merely a “defender,” but a key participant in the procedure who:
• Challenges the grounds for applying tymczasowe aresztowanie (temporary detention) in court.
• Analyzes the EAW for formal defects (a frequent reason for cancellation of the warrant).
• Collects evidence of the “political motivation” of the case, which in Polish judicial practice is a strong argument against extradition.
Brief summary:
The main mistake of a person detained in Poland is panic and attempting to negotiate with the police without the involvement of a lawyer. Remember that in Poland you are protected by EU procedural rules, and any violations by the authorities during detention or the preparation of documents must be documented by the defense lawyer for use in court.
