Criminal Law in Poland: What Expats Need to Know if You're Arrested or Investigated (2026)

Being arrested or placed under criminal investigation in a foreign country is a deeply stressful experience. Polish criminal procedure has specific rules on detainee rights, pre-trial detention and access to legal counsel. If you are a foreigner in Poland and become involved in a criminal matter, knowing your rights immediately can make a significant difference to the outcome.

Your Rights on Arrest in Poland

Under the Polish Code of Criminal Procedure, a person detained by police must be informed immediately, in a language they understand, of: the grounds for detention, the right to remain silent, and the right to legal counsel. You may request an interpreter at no cost. Detention without charge cannot exceed 48 hours; if the prosecutor wishes to apply for pre-trial detention, a court hearing must take place within 24 hours of that request.

Pre-trial detention (areszttymczasowy) can be ordered for up to 3 months initially and extended by the court. Polish courts have been criticised by the European Court of Human Rights for excessive use of pre-trial detention. An experienced defence lawyer will argue vigorously against detention and propose alternatives (bail, travel ban, police reporting obligations).

White-Collar Crime in Poland

Poland has seen a significant increase in white-collar criminal investigations in recent years, driven by intensified enforcement by the Central Anti-Corruption Bureau (CBA) and the Polish Financial Supervision Authority (KNF). Common charges involving foreign nationals include: tax fraud (oszustwo podatkowe), VAT carousel fraud, money laundering (pranie pieniędzy), bribery, and fraud (oszustwo) under Article 286 of the Penal Code.

Corporate officers — including foreign executives of Polish subsidiaries — can face personal criminal liability for acts committed in the course of business. Poland's Criminal Liability of Collective Entities Act creates potential criminal liability for companies themselves. Legal advice should be sought at the earliest stage of any investigation, before any interview with prosecutors or police.

Drug Offences

Poland has relatively strict drug laws. Possession of any controlled substance is a criminal offence, though the law allows prosecutors discretion to discontinue proceedings for personal-use amounts. However, discretion is not guaranteed — particularly for non-citizens. Penalties range from fines to imprisonment of up to 3 years for possession; supply and trafficking carry sentences up to 12 years.

Traffic Offences

Serious traffic offences in Poland (causing death or serious injury while driving under the influence, leaving the scene of an accident) are prosecuted as criminal matters. Foreign nationals convicted of drunk driving in Poland face not only fines and licence disqualification, but potential prosecution in their home country if their licence was issued there. An immigration consequence (impact on residence permit) is also possible.

Finding a Criminal Defence Lawyer in Poland

Criminal defence is a specialist area — not all Polish law firms handle it. Firms such as Criminal Law Poland (the largest dedicated criminal law team in Poland), RKKW, and Brysiewicz Bokina have dedicated criminal defence practice groups with English-speaking lawyers. If you are detained, insist on your right to call a lawyer before answering any questions.

Frequently Asked Questions

Can I be extradited to Poland from another EU country?

Yes. Poland is part of the European Arrest Warrant (EAW) system. An EAW can result in surrender within 60 days (or 90 days with extension) from any EU member state.

What happens if I cannot afford a lawyer?

Poland provides court-appointed counsel (obrońca z urzędu) for defendants who cannot afford representation. The quality varies; if you have any means, retaining your own lawyer is advisable.

How do I find a Polish criminal lawyer who speaks English?

The firms on our criminal law ranking page are verified English-speaking specialists. In an emergency, the duty lawyer at a police station can be reached via the nearest Polish Bar Association office.