Another presidential veto. This time it is about the reform of criminal procedure

President Karol Nawrocki decided to veto the amendment to the Code of Criminal Procedure of February 27 this year. – said the president's spokesman, Rafał Leśkiewicz. This is an extensive reform of criminal procedure regarding, among others, banning the use of illegal evidence and limiting temporary arrests.

“The decision was made out of concern for the safety of citizens and the effectiveness of the state in the fight against the most dangerous crime,” Leśkiewicz wrote on the X platform.

He added that the adoption of “individual favorable solutions in this amendment is not a sufficient condition to sign the act.” “The new regulations could make it more difficult to conduct criminal proceedings, which would be contrary to the interests of citizens and the state's obligation to ensure their safety,” the president's spokesman justified.

As he recalled, “prosecutor's circles also raised serious objections to the act, pointing out that the changes introduced create a high risk of procedural chaos“.

“The state must guarantee a fair trial, but also protect citizens against crime. For this to be possible and effective, criminal law must be clear and precise, and this was missing in the amendment,” wrote Leśkiewicz.

During legislative work in the Sejm in January this year. Deputy Minister of Justice Arkadiusz Myrcha said that this amendment is “one of the largest, if not the largest, comprehensive reform of criminal procedure since the introduction of the Code of Criminal Procedure in 1997.“As announced, the changes were intended, among other things, to encourage courts to use pre-trial detention more prudently – the most severe, isolating preventive measure. Other changes related, for example, to the issue of the possibility of using the so-called illegal evidence in criminal proceedings.

As indicated by the Ministry of Justice, the amendment includes a new, different approach to the possibility of applying pre-trial detention due to the so-called severity of punishment. The upper limit of imprisonment – understood as severe – was to be raised from 8 to 10 years. At the same time, the period of detention under this provision until the court of first instance issues a judgment could not exceed 12 months.

In addition a return to the regulations from before the PiS government was assumed, according to which “temporary arrest cannot be used if the offense is punishable by imprisonment not exceeding 2 years.” This limit is now reduced to a one-year prison sentence.

The next change concerned the current one possibility of using the so-called illegal evidence. The provision contained in the amendment indicates that “it is unacceptable to take and use evidence obtained for the purposes of criminal proceedings by means of a prohibited act”, unless it was obtained “in connection with the performance of official duties by a public official as a result of: murder, intentional causing bodily injury or deprivation of liberty”.

The amendment also clearly assumed that “the use of evidence obtained during the application of operational control may only take place in criminal proceedings in the case of a crime or fiscal offense in relation to which the use of such control by any authorized body is permissible.”

Other numerous changes concerned, among others: issues related to the European Arrest Warrant (EAW) system, the use of evidence, the confidentiality of the suspect's contacts with his defense lawyer, as well as deadlines for lodging appeals, guarantees of the right to defense at an early stage of the case and increasing the decision-making power of courts by limiting the decision-making power of prosecutors.

With regard to the prosecutor's office's power to order exhumation, it was added, for example, that “the person closest to the deceased may lodge a complaint against the decision to remove the body from the grave”, although it will not suspend the action. In turn, interrogations of people, including suspects under 18, were to be recorded using a device recording images and sounds.

In an opinion formulated in connection with the amendment during the work at the Senate stage, the Trade Union of Prosecutors and Public Prosecutor's Office Employees pointed out that “it is highly risky and even dangerous for the functioning of the secret services and state defense to introduce new regulations that create serious difficulties in the use of operational and reconnaissance activities, including operational control.” “Especially now, when Poland is facing serious threats from beyond the eastern border and must effectively fight espionage, disinformation and sabotage,” the prosecutors' trade unions noted.

The changes at the legislative stage were criticized by the PiS club. – The project sets back the justice system for years, does not improve or speed up anything, it is a project of the state's helplessness towards criminals – said Marcin Warchoł from this party in the Sejm in January. As he added, through such changes “we are taking away the tools of the courts and the prosecutor's office.” (PAP)

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