Arrested in Warsaw: 48 hours, then 24 more for the court
Poland works in two blocks. The police may hold you for 48 hours from the moment of actual detention; within that time the prosecutor must place you at the court's disposal with an application for pre-trial arrest. The court then has a further 24 hours to decide. If either period passes without a decision, you must be released.
The Polish clock
| Step | Rule | Source |
|---|---|---|
| Police detention | 48 hours from the moment of actual detention | Art. 41(3) Constitution; art. 248 CPC |
| Application to the court | Must be made within those 48 hours | By the prosecutor |
| The court's decision | A further 24 hours | Otherwise release is compulsory |
| Pre-trial arrest | Initially up to three months, extendable | Ordered by the court |
| Right to silence | You may refuse to answer, without giving reasons | Art. 175 §1 CPC |
| Foreign nationals | The same limits apply, without distinction |
The 48 hours run from the moment you are actually deprived of liberty, not from arrival at the station. That distinction matters and it is worth recording the time yourself if you can.
Silence, and why it is used here
Polish law gives every suspect the right to make statements or to refuse to answer any or all questions without giving a reason. Silence cannot be treated as an admission.
In these first 48 hours the file is thin and the account given is what it is built on. Exercising the right until a lawyer has been spoken to is the ordinary advice, and it is not treated as obstruction.
What actually happens in Warsaw
- Nightlife in the centre and Praga: fights, and complaints filed by both parties.
- Chopin and Modlin airports: customs, luggage and arrests on international alerts.
- Drugs, where Polish law is stricter than in much of western Europe and possession is prosecuted.
- Drink driving, with a lower threshold than in several countries visitors come from and heavy consequences.
- Business and financial proceedings, given the concentration of headquarters.
- Public order around demonstrations, frequent in the capital.
Where an Italian lawyer comes in
Only a lawyer admitted in Poland can appear before its courts. What an Italian lawyer does is the other half: selecting and briefing that lawyer, explaining the position to the family in their own language, and handling anything with an Italian end — a parallel proceeding, a European Arrest Warrant issued by Italy, an alert in circulation. The arrangement is described in how a correspondent case is run, and the surrender framework in the guide on the European Arrest Warrant.
Frequently asked questions
How long can Polish police hold me?
Forty-eight hours from the moment of actual detention. Within that time the prosecutor must apply to the court, which has a further twenty-four hours to decide.
What happens if the deadline passes?
Release is compulsory. If the court does not rule within twenty-four hours of your being placed at its disposal, you must be released.
Do I have to answer questions?
No. Polish law allows you to refuse to answer any or all questions without giving a reason, and silence cannot be treated as an admission.
Do the rules differ for foreigners?
No. The limits apply equally to Polish nationals and to foreign nationals.
If this is happening now
First contact is free and covered by professional privilege, at any hour including nights and holidays.