Criminal proceedings are conducted when a crime has been committed. There are situations in which, despite initial suspicions, it turns out that the act was not committed or that for other reasons it was not a crime or the perpetrator cannot be punished for some reason.

In such situations, criminal proceedings are not conducted; it is not initiated any longer - it is discontinued. Importantly, the discontinuation of proceedings for the reasons indicated in the Code should always occur at every stage of criminal proceedings.

This is particularly the case when:

1. the act was not committed or there are no data sufficiently justifying the suspicion of its commission,
2. The act does not contain the elements of a prohibited act or the act states that the perpetrator does not commit a crime,
3. Social harmfulness of the act is negligible,
4. The Act provides that the perpetrator is not subject to punishment,
5. The accused died
6. There has been a limitation period for criminal record,
7. Criminal proceedings regarding the same act of the same person have been legally terminated or previously commenced,
8. The perpetrator is not subject to the jurisprudence of Polish criminal courts,
9. There is no complaint from an authorized prosecutor,
10. There is no required permit for prosecution or an application for prosecution from an authorized person, unless the Act provides otherwise,
11. There is another circumstance excluding prosecution.

In many cases, the circumstances justifying discontinuation of proceedings are obvious and simple to prove, however, sometimes showing them requires appropriate argumentation and is subject to the assessment of the authority conducting the proceedings.

[Legal status as at April 2020]