According to the Constitution, the legal system in Poland is based on statutes enacted by the Parliament and delegated, or subsidiary legislation made by bodies under powers conferred on them by Acts of Parliament. Poland’s current penal legislation comprises of the Criminal Code, the Criminal Procedure Code, and the Code for the Execution of Penalties.

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According to the Constitution, the legal system in Poland is based on statutes enacted by the Parliament and delegated, or subsidiary legislation made by bodies under powers conferred on them by Acts of Parliament. Poland’s current penal legislation comprises of the Criminal Code, the Criminal Procedure Code, and the Code for the Execution of Penalties.

In addition to the Criminal Code and Criminal Procedure Code, the most important legislation relating to the regulation of the functions of the police is the Police Act (1990), as well as the decrees of the Government regulating in detail the police functions.

The police force is centrally organized and is under the authority of the Main Commander of Police, who is subject to the Minister of Internal Affairs and Administration. The regular police forces are divided into three basic departments, as stipulated by the Police Act: criminal police, prevention police and support units.

The structure of the Polish Police matches the official administrative divisions of Poland. In addition to the main Police headquarters in Warsaw, the structure is divided into 16 districts, which are further divided into regional headquarters and municipal headquarters. The lowest level of the structure is the police station.

The Police Act and the Criminal Procedure Code authorize the police to take certain compulsory measures against any person suspected of committing a crime. These measures include arrest and 48 hours detention, search of body and clothes, and house search, if the proper warrant requisites and other conditions have been met. Moreover, the Criminal Procedure Code requires the police to obtain a warrant issued by a court or public prosecutor in order to search premises. Searches without a warrant must be subsequently approved by the prosecutor or court (Art.220 of CCP).

According to the Police Act, the use of firearm by an on-duty police officer is allowed in strictly defined circumstances if other means of coercion have proved to be insufficient (Art.17 of PA). Use of firearm by the police with the goal of killing is strictly forbidden. Regulations also outline limits in regards to using force against certain persons, such as women that appear to be pregnant. The Criminal Procedure Code and the Police Act also regulate in detail the standards regarding applying special measures such as interception of phone call, interception of correspondence and parcels, secret surveillance of transport, storing and usage of crime-related objects (Art. 19,19a, 19b of PA and Chapter 27 of CCP)

The Criminal Procedure Code also contains regulations on the process regarding treatment of victims of crimes. According to Chapter 5, the victim of an indictable crime may act as an auxiliary prosecutor.

Regulations regarding the duties of police officers are found in the Police Act. Similarly, the Police Act contains the regulations regarding disciplinary measures. At the highest level of internal control is the Police Internal Matters Board (Zarząd Spraw Wewnętrznych KGP), which deals with the most serious types of police misconduct, particularly crimes committed by a police officer. Moreover, the courts in Poland examine complaints against the police submitted by individuals.

The Police recruitment process requires a Polish citizen with no criminal records, who enjoys all civil rights, has graduated from at least a secondary school and is of good physical and mental health. They can also enter the ranks through military service in a special prevention forces under the authority of the Ministry of Internal Affairs and Administration. Police officers undergo three years of preparatory duty. Currently binding legal acts regulating police service give everybody equal opportunities both as far as getting employed and further career opportunities are concerned. There are no restrictions in this matter as far as gender, religion or nationality is concerned. Every candidate meeting the requirements defined in the act has equal opportunities.

Analysis provided by: Piotr Bysina, Police Legal Expert.

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