When all else fails there is always THE INTERNET.

I consider it a great misfortune to have been caught up in the workings of the system of legal justice of the Republic of Poland. This has come about through no fault of my own. Indeed, this is a situation I did everything in my power to avoid.

Nevertheless, having found myself in this situation, I decided that it was not possible to seek justice. I felt that I should simply find out what precisely the laws of the Republic of Poland state with regard to this matter. Simply from the perspective that if one is ignorant of the laws being used against him, one cannot hope to provide a proper defence. It is not for me to say that the laws are not being used impartially. I leave it to others to judge.

I have sought assistance from all I could think of who ought to be able to give me the information which should be available to all. Note, information is all that I sought. None was forthcoming from any quarter to which I appealed.

When all else fails there is always THE INTERNET.

I hope this information will be useful to all non-Polish speakers who find themselves in the same situation in the future. I intend to provide links to the documents used as source for this information at a later date.

The Public Prosecution Authority in Poland

The tasks of the public prosecuting authorities have been formulated in the Law on Public Prosecution Authorities of June 20, 1985.

If a justified suspicion arises that a criminal offense has been committed, the public prosecutor acting in accordance with the applicable laws, initiates and performs preparatory proceedings or orders the initiation and performance of such proceedings to another authorized body, supervising the proceedings in the latter situation. The duty of the public prosecutor in initiating proceedings in respect to offenses prosecuted officially emerges directly from the principle of legality – one of the fundamental principles of the Polish legal system. The same duty rests also on police authorities. Rulings of the public prosecutor during preparatory proceedings are binding for the authority which conducts such proceedings.

The prosecution service may not set priorities in regard to institution of investigation and inquiries. In the Polish system of criminal law there prevails the principle of legalism, causing a necessity of prompt institution and conduct of criminal proceedings in ALL matters specified by the legislator as subject to prosecution by virtue of office.

The proper realization of the Public Prosecution’s statutory duties depends on its position and relationship with other authorities of the state. The basic task conferred upon the Polish Public Prosecution is conducting of the investigation and supervision of all preparatory proceedings conducted by the Police and other authorized bodies, and also exercising the function of the public prosecutor (accuser) in the courts.

The gravity and significance of these functions determine the position and relationship of the Public Prosecution Office with other state powers and define the conditions of fulfilling its duties impartially and free of any undue interference. Ensuring that public prosecutors are able to perform their professional duties and responsibilities in the conditions guaranteeing them independence should be the fundamental problem of considering the institutional position of the Public Prosecution Office.

In performing his function as a public attorney, the public prosecutor is a party to the litigation, but with special rights – he does not restrict his actions to the narrowly understood personal interest, but represents the state and, thus, may perform actions in the public interest, including those in the interest of the other party (e.g. he may appeal the verdict also to the benefit of the convicted person).

The police are generally obliged to report to a public prosecutor ALL offenses indentified by them, in line with the principle of legalism. Therefore, they are obliged to observe principles connected with the necessity of institution and conduct of criminal proceedings prosecuted by virtue of office immediately after having obtained information about the same. Failure to observe these principles may lead to disciplinary or criminal responsibility of a police officer.

The facts yield their secret sense!

I think I need make no further comment!