Knowledge is protection. Know your rights before it’s too late.
Criminal proceedings are a complex process in which the state authorities have enormous powers. They can restrict your liberty, search your home, block your assets and even issue an APB after you. These actions deeply interfere with your constitutional rights – personal freedom, property rights, home turf, privacy.
But these powers are not unlimited. Every law enforcement action must meet strict legal prerequisites. Every decision must be justified. Every decision is subject to judicial review. The problem is that few people know their rights and the authorities are not always interested in explaining them.
This service has been set up to fill that gap. Here you will find practical, reliable information on the most important institutions of criminal procedure, written in clear language but without simplifying or distorting the law. Each article is based on current provisions of the Code of Criminal Procedure and court decisions.
Why is it worth knowing your rights?
Protection against abuse
Not every decision is correct. Not every action of the authorities is lawful. Knowing your rights allows you to catch mistakes and irregularities at an early stage, when you can still defend yourself effectively.
Informed decisions
Knowing what the consequences of particular procedural decisions are, you can make informed choices. Whether to appeal the decision? Whether to give an explanation? Whether to use a public defender or hire your own lawyer? Knowing the procedural mechanisms helps you to make the right decisions.
Effective cooperation with defence counsel
Even the best defence counsel will be more effective if his client understands the process and can provide relevant information. Familiarity with basic legal institutions facilitates communication with the attorney and allows him to make better use of his knowledge.
Avoiding irreversible mistakes
Some procedural deadlines are short and the consequences of tardiness are difficult to reverse. Ignorance of one’s rights can lead to a situation in which the best defence counsel is no longer able to help. Knowing the basics protects against such mistakes.
What can you find in the service?
We have prepared detailed guides on the key institutions of criminal procedure that may affect you:
Property security
A property freezing order is a ‘freeze’ on your assets against future penalties, fines or damages. It can cover money in accounts, property, cars and even third-party assets.
You will find out:
- When an authority can apply asset freezing
- What prerequisites must be met – what is a “well-founded fear”
- What specifically can be secured – scope and limits
- How long the security lasts and when it should be revoked
- How to effectively challenge a freezing order
- What arguments are most effective in a complaint
Search
A search is one of the most invasive acts in criminal proceedings. Officers may search your home, office, car or even you personally for evidence of a crime.
You will find out:
- When a search is legal and what conditions must be met
- Who can order and carry out a search
- What your rights are during a search
- What the correct course of action should look like
- When you can be searched at night
- How to protect sensitive documents and professional secrecy
- What to do with seized items and how to recover them
- How to challenge an improper search effectively
Letter of summons
A letter of indictment is an institution that allows for the temporary suspension of the execution of an arrest warrant or a letter of indictment. If you are hiding from law enforcement or fear arrest, a letter of indictment can be your legal way to appear at the prosecutor’s office or court without risking immediate imprisonment.
You will find out:
- When you can successfully apply for a letter of arrest
- What the procedure is and what documents you need to submit
- How long the protection lasts and what your obligations are
- What are the penalties for violating the terms of a letter of protection
- When can a letter of protection be revoked
Letter of appointment
A letter of appointment is a formal order to search for a person against whom criminal proceedings are pending. Its issuance has serious consequences – it makes it difficult to function in society, it can lead to arrest at any time, it complicates professional and private affairs.
You will learn:
- When a letter of appointment can be issued
- What are the grounds and who can order it
- What are the practical consequences of operating with a letter of appointment
- How it can be revoked and what conditions must be met
- Whether its issue can be challenged
Who is this service for?
Persons subject to proceedings
If you have been charged, are a suspect or a witness in a criminal case, you will find practical information about the institutions that may affect you here. The articles are written from your perspective – explaining what is happening, why it is happening and what you can do about it.
Entrepreneurs and property owners
Property security can affect not only defendants, but also people who run businesses or manage significant assets. Here you will find information on how to protect your assets within the limits of the law and what to do if the authority applies the security.
Families and relatives of persons in proceedings
If your loved one is in conflict with the law, you too need to know. A search may involve a shared flat, a freezing order may involve spouses’ joint assets, a letter of protection may complicate the lives of the whole family. Here you will find information to help you understand the situation and support your loved one.
Preventive knowledge seekers
You do not have to wait until a problem arises. Knowledge of the mechanisms of criminal proceedings is part of being an informed member of society. The earlier you know your rights, the better prepared you will be for possible emergencies.
Our philosophy
Reliability and precision
Each article is based on the current provisions of the Code of Criminal Procedure, the case law of the Supreme Court and the common courts and reputable legal commentaries. We do not simplify the law in a way that could be misleading. If a topic is complicated, we explain it thoroughly but in understandable language.
A practical approach
We do not limit ourselves to dry legal theory. Each article contains practical tips, answers to the most common questions, real-life examples. We show not only “what the law says”, but also “what it means for you in practice”.
The perspective of the person in the proceedings
We write from the perspective of the person affected by the institutions described, not from the perspective of an authority or a lawyer. We explain your rights, not the powers of the prosecutor. We show you how to defend yourself, not how to conduct proceedings.
Transparency of restrictions
This service is not a substitute for professional legal assistance. Each article ends with a clear recommendation to consult a solicitor or barrister. General knowledge is a support tool, not a substitute for individual case analysis by a professional.
Key principles of criminal procedure
Presumption of innocence
You are innocent until a final court verdict establishes your guilt. This fundamental principle expressed in Article 5 of the Code of Criminal Procedure and Article 42(3) of the Polish Constitution means that the burden of proving guilt lies with the prosecution, not with you. You do not have to prove your innocence – it is the authority that has to prove your guilt.
Right to defence
You have an absolute right to a defence at every stage of the proceedings. You can use a defence lawyer of your choice (your own lawyer) or a public defender (if you cannot afford your own).
Right to remain silent
You are not obliged to explain yourself to the law enforcement authorities or to give evidence against yourself. You may refuse to answer questions, you may remain silent. The exercise of this right may not be taken as circumstantial evidence of guilt. The authority is obliged to instruct you about this right before any action with your participation.
Proportionality of interference
Any law enforcement action interfering with your rights and freedoms must be proportionate to the objective it is intended to achieve. Measures may not be more severe than necessary. Asset security must not be excessive in relation to the penalties envisaged, searches must be carried out with restraint, arrest must not be used when milder preventive measures are sufficient.
Judicial control
All important decisions in criminal proceedings are subject to judicial review. You can appeal against the decision to secure assets, to apply arrest, to search, to issue a letter of summons. The complaint is heard by a higher court, which is independent of the authority that issued the contested decision.
When do you necessarily need a lawyer?
Immediately if:
- You have been arrested or detained
- You have been charged with an offence
- You have been issued with a letter of formal notice or an arrest warrant
- A freezing order has been issued against you
- You have been searched
- You are being questioned as a suspect
Urgently, if:
- You are summoned to the public prosecutor’s office or the police
- You have received a summons to give an explanation
- You are a witness in a case involving your relatives or colleagues
- You are planning to report a crime
- You want to apply for a letter of protection
Professional legal assistance is not a luxury, it is a necessity. A lawyer not only knows the rules – he or she can apply them effectively to your specific situation, knows how to build a defence strategy, is familiar with court and prosecution practice, and can negotiate with the authorities. The knowledge from this service will help you work better with your attorney, but it is no substitute for his or her professional analysis and experience.