WARNING !!! automatic translation from Polish
- If the activities of the preparatory proceedings indicate that the suspect has committed an offense, an indictment may be brought to the court. As a rule, it should take place within 14 days from the date of closing the preparatory proceedings in the case. If the suspect is detained on remand, the deadline is shorter, 7 days. Within 14 days of the date of the closure of the investigation or the receipt of an indictment drawn up by the Police in the investigation, the prosecutor draws up an indictment or approves an indictment drawn up by the Police in the investigation and submits to the court or itself issues a decision to discontinue, suspend or supplement the investigation or investigation.
- The indictment should contain the details of the accused, the exact description of the act accused (with an indication of the time, place, manner and circumstances of the act and its consequences - especially if the damage resulted from the act), an indication of the provisions that govern the alleged act. The indictment must also be accompanied by a justification, citing facts and evidence on which the accusation is based (a justification is not necessary if the case was 'only' investigated and not investigated). The indictment should also list the persons who are requested by the prosecutor and the evidence which he is requesting.
The indictment should contain:
- the name of the accused, other data about his person, including telephone number, facsimile and e-mail address, or information about their failure or impossibility to determine them, data on the application of preventive measure and property security;
- the exact description of the accused act with an indication of the time, place, manner and circumstances of its commission and the consequences, in particular the amount of damage suffered;
- an indication that the act was committed in terms of recidivism;
- an indication of the provisions of the criminal law which the alleged act falls under;
- indication of the court competent to hear the case.
The indictment shall be accompanied by its justification, quoting facts and evidence on which the accusation is based, and, if necessary, explaining the legal basis of the accusation and discussing the circumstances to which the accused relies in his defense. If the preparatory proceedings have ended in the form of an investigation, the indictment may not contain the reasons.
[legal status: 14/12/2019]