The Code of Conduct regulates that a court may change pre-trial detention on bail provided that a specific bail is issued. The accused must submit this surety within the time limit set by the court, but at the reasoned request of the accused or his defense counsel, submitted no later than on the last day of the time limit, the court may extend this time limit.
Until now, this decision was final. On October 5, 2019, an amendment to the Code of Criminal Procedure entered into force introducing the institution of the prosecutor’s objection to the court’s decision in these circumstances. New § 3 art. 257 of the Code of Criminal Procedure stipulates that if the prosecutor declares that he opposes a change in the preventive measure, this provision, in so far as it concerns the change of pre-trial detention into a surety, becomes enforceable on the day of its validity. The prosecutor may raise objections at the latest after the announcement of the order by the court.
The prosecutor’s objection will make it impossible to release the detainee who has paid the bail until the court decision becomes final, and thus the court’s appeal may be heard by the second instance or the time to lodge such an appeal shall expire. In practice, this can significantly extend the detention period.
This amendment aroused considerable controversy. According to some lawyers, it constitutes a dangerous strengthening of the role of the prosecutor in criminal proceedings. There is even a charge of non-compliance with the Polish Constitution. The firmly opposite position in this matter was taken by, among others District Bar Council in Warsaw. The authors of the amendment emphasize that these changes are to limit the excessive power of judges.
KS
