Arrested in Poland as a Foreigner: Your Rights and What Happens Next

Being arrested abroad raises immediate practical questions: what the police can do, how long they can hold you, and whether anyone will explain what's happening in a language you understand. This guide covers the key rules of Polish criminal procedure for foreign nationals. For an overview of how I handle criminal cases in English, see English-speaking criminal defense lawyer in Poland.

Key legislation: Constitution of the Republic of Poland, Art. 41(3); Polish Code of Criminal Procedure (Kodeks postępowania karnego, "k.p.k."), Arts. 72, 83, 175, 244 to 248, 258, 266, 275, 277, 335 and 387; Vienna Convention on Consular Relations of 1963, Art. 36.

Your rights after arrest

Under Art. 244 § 2 k.p.k., the police must promptly tell you why you've been arrested and inform you of your rights in writing. As an arrested person, you have the right to:

• make a statement, which is recorded in the arrest report, and receive a copy of that report (Art. 244 § 3 k.p.k.),
• contact a lawyer promptly and speak with them directly; in exceptional cases the police may reserve the right to be present during that conversation (Art. 245 § 1 k.p.k.),
• have a close relative, and your employer or school, informed of your arrest (Art. 245 § 2 k.p.k.),
• free medical assistance (Art. 244 § 2 k.p.k.),
• a free interpreter if you don't speak Polish well enough (Art. 72 § 1 k.p.k.),
• appeal against your arrest to a court (Art. 246 § 1 k.p.k.).

If you are charged, you have the right to remain silent: you can refuse to answer any or all questions without giving a reason (Art. 175 § 1 k.p.k.).

Interpreters and translated documents

If you don't speak Polish well enough, an interpreter must be provided free of charge during questioning, at court hearings and for contact with your lawyer. Under Art. 72 § 3 k.p.k., you are also entitled to a translation of key documents, such as the decision presenting the charges, the indictment and the judgment.

Your consulate

Under Art. 36 of the Vienna Convention on Consular Relations, you can ask the Polish authorities to inform your country's consulate of your arrest and to pass on your communications. Consular staff can help with practical matters, such as contacting family, replacing documents and providing lists of local lawyers, but they cannot represent you in court or get you released.

How long can you be held?

Under Art. 41(3) of the Constitution and Art. 248 k.p.k., you must be handed over to a court within 48 hours of arrest, together with a prosecutor's application for pre-trial detention, otherwise you must be released. The court then has 24 hours to decide. In total, detention before a court decision cannot exceed 72 hours.

Pre-trial detention, bail and your passport

If the prosecutor applies for pre-trial detention (tymczasowe aresztowanie), a court hearing is held, and your lawyer can take part in it. The grounds are set out in Art. 258 k.p.k., and one of them is the risk that a suspect will flee. That is why this question often comes up for people without a permanent address in Poland.

Instead of detention, the court or prosecutor can apply other measures, such as:

• bail (poręczenie majątkowe), a sum of money deposited as security (Art. 266 k.p.k.),
• police supervision, i.e. regular reporting to a police station (Art. 275 k.p.k.),
• a ban on leaving Poland, which can be combined with holding your passport (Art. 277 k.p.k.).

Documents showing your ties to Poland (a lease, an employment contract, a residence permit) can be relevant to that decision. A detention order can be appealed (Art. 252 k.p.k.). How the defense works at each later stage is described on the criminal defense page.

Agreed penalties: think before you accept

Many criminal cases in Poland end with an agreed penalty, for example a request to be sentenced without a trial (Art. 335 k.p.k.) or voluntary submission to a penalty at trial (Art. 387 k.p.k.). This can end the case quickly, but it is still a criminal conviction. For foreign nationals, a conviction can have consequences beyond the sentence, for example for residence permits, future travel or employment. These consequences should be considered before agreeing to anything.

If you were stopped for driving after drinking, see Drink driving in Poland: what foreign drivers should know.

What your family or friends can do

• Find out which police station you're being held at.
• Contact a lawyer. Until you appoint a defense lawyer yourself, another person, such as a family member, can appoint one for you, and you'll be informed of this (Art. 83 § 1 k.p.k.).
• Gather documents showing your ties to Poland (residence, work, family), which can be relevant to decisions about detention.

If the arrest is linked to a family conflict, the guide Getting divorced in Poland as a foreigner and the divorce and family law page may also be relevant.

Frequently asked questions

Do I have to answer police questions? No. If you are a suspect, you can refuse to answer any or all questions without giving a reason (Art. 175 § 1 k.p.k.).

Will I have an interpreter? Yes. If you don't speak Polish well enough, you are entitled to a free interpreter during questioning and at court hearings (Art. 72 k.p.k.).

Can I leave Poland while the case is ongoing? It depends on whether a preventive measure, such as a ban on leaving the country (Art. 277 k.p.k.), has been applied in your case. This should be checked before any travel.

Need an English-speaking defense lawyer in Poland? Contact the office or call +48 509 831 745. More about me: Izabela Łakomiak, attorney-at-law.