Being “detained” in Poland means a temporary deprivation of liberty by the Police or other authorities under specific legal grounds. This can happen when there is reasonable suspicion of an offense, to prevent escape or tampering with evidence, or to confirm identity in defined situations. It is different from a simple stop or identity check—those are routine control measures and do not necessarily involve taking you to a station or restricting your movement.

It also differs from pre-trial arrest (tymczasowe aresztowanie), which can only be ordered by a court upon a prosecutor’s motion. Detention is what happens first; pre-trial arrest is a separate judicial decision that may follow in more serious cases.

This guide explains the timeline of detention in Poland and your core rights, with a special focus on what foreign nationals can rely on in practice: access to a lawyer, free interpretation, and consular contact. The aim is to give practical, plain-English steps you can use immediately if you or someone you support is detained in Poland.

The Detention Timeline in Poland: What Happens Step by Step

Step 1 – Stop & ID Check. Officers may stop you to verify identity, ask basic questions, and assess whether there are grounds to detain you (for example, being caught in the act, strong suspicion of an offense, or concrete risk of escape). A stop alone is not yet detention, but it can quickly escalate if grounds appear.

Step 2 – Formal Detention. If detained, you must be told immediately the legal basis and reasons. You should receive a written notice of rights in a language you understand, or through an interpreter if needed. The authorities draw up a detention protocol recording the time, place, grounds, and your requests (e.g., contacting a lawyer or consulate). You can request a copy or extract of these documents.

Step 3 – Time Limits. Police detention can last up to 48 hours from the moment you are actually deprived of liberty (not from when you arrive at the station). If the prosecutor seeks pre-trial arrest, you must be brought before a court, which then has another 24 hours to decide. Practically, that means up to 72 hours from detention to a court’s decision window.

Step 4 – Outcomes. Possible outcomes include: (a) release without charges; (b) release with summons or charges and potential non-custodial measures; or (c) transfer to court for a decision on pre-trial arrest or other preventive measures.

Step 5 – Safeguards Throughout. At every stage, you can contact a lawyer, request an interpreter, and ask that your consulate be notified. You can also ask the Police to notify a chosen person (e.g., a family member or employer) about your detention.

Your Core Rights During Detention (All Detainees)

Information in a language you understand. You must be promptly informed of the reasons for your detention and your rights. If you don’t speak Polish, you are entitled to an interpreter to ensure you actually understand.
Right to remain silent. You may decline to give explanations or answer questions. You are not obliged to incriminate yourself. If you choose to speak, do so after consulting a lawyer and with an interpreter if needed.
Right to a lawyer and private consultation. On request, the Police must allow you to contact a lawyer of your choice and to speak privately. In narrowly defined situations, an officer may be present during the first conversation, but you should still be able to consult confidentially as soon as possible.
Notification of a chosen person or institution. On your request, the Police should notify a family member, another trusted person, and – if relevant – your employer or school / university.
Medical assistance and humane treatment. You are entitled to necessary medical care and to basic needs (water, restroom access, appropriate conditions). Tell officers about any health conditions or medication you require.
Written notice and copies. You should receive a written list of rights and may request copies / extracts of key documents, including the detention protocol.
Complaint to court (zażalenie). If you believe your detention was unlawful or improper, you can file a complaint to the court within 7 days of detention. This is possible even if you have already been released.

Special Focus for Foreign Nationals (Foreigner-Specific Rights)

Right to an Interpreter (Free of Charge)
If you do not speak Polish sufficiently, you have the right to a free interpreter during all essential stages, including: being informed of your rights, any questioning, the service of key decisions or charges, and court hearings. The point is not formality but real understanding: you should be able to follow what is happening and meaningfully exercise your defense.

Document translation. The State must translate essential documents to the extent necessary for you to understand the case and defend yourself. Typically this includes the detention decision/protocol, charges, and any court order on pre-trial arrest. Not every document is translated in full; where a summary would impair your understanding, ask your lawyer to request a more complete translation.

Accessibility. If you are deaf, hard of hearing, or have a speech impairment, you are entitled to appropriate communication support (e.g., a sign language interpreter or alternative communication methods). Tell the Police clearly what support you need.

Practical tips:

State clearly: “I do not speak Polish – please provide an interpreter.”
Specify your preferred language (and dialect if relevant).
Ask to review translated documents before signing anything.

Right to Contact Your Consulate (Consular Notification)
As a foreign national, you can request that your embassy or consulate be notified of your detention and that you be allowed to speak with a consular officer. Consuls can visit you, check on your treatment, help you understand local procedures, and provide lists of local lawyers. They cannot act as your lawyer, give you legal representation in court, or interfere with judicial decisions.

Dual nationals and stateless persons. If you have dual nationality, you can specify which consulate should be contacted. If you are stateless or otherwise without consular representation, ask about contacting a mission of your state of habitual residence or a protecting power/organization.

Practical tips:

Keep your passport or ID details handy; this speeds up consular notification.
Ask the Police to confirm when and how the notification was made.
If you prefer confidential communication with the consulate, say so.

Right to a Lawyer (Access & Assistance)

You may retain a lawyer of your choice. If you cannot afford one, ask about legal aid or court-appointed counsel options; your consulate may provide a list of English-speaking lawyers. You can consult a lawyer before questioning (where feasible) and have them present during questioning. If the authorities propose to start without your lawyer, record your request for counsel and ask to postpone questioning unless urgent circumstances require otherwise.

Practical tips:

Say: “I want to talk to my lawyer in private.”
Note your lawyer’s name and contact details in the protocol.
If timing is an issue, ask to wait for your lawyer or to resume only after consultation.

How to Exercise Your Rights in Practice (Scripts & Proof)

In stressful moments, short and clear phrases help you assert your rights and create a record:

“I want a lawyer. Please allow me to call my lawyer.”
“I do not speak Polish – please provide a free interpreter.”
“Please notify my consulate.”
“Please notify my spouse / employer / university.”
“I would like a written list of my rights.”

Collect and keep copies of any documents given to you. If copies are not immediately available, ask for extracts or note document names, dates, and reference numbers. Write down times, officer names / badge numbers, and the requests you made (e.g., lawyer, interpreter, consulate). Stay polite and calm. Do not sign anything you do not understand – ask for translation and / or a lawyer first.

If you have medical needs, say so clearly: “I need my medication” or “I require medical assistance.” If you feel unwell, ask for a doctor; this also creates a record if you later need to document your condition.

Common Mistakes to Avoid

Talking without an interpreter or without a lawyer when you don’t fully understand the language or the implications of your answers.
Signing documents you cannot read or that were not explained in your language.
Believing a consular officer can “get you out.” Consuls are helpful but do not replace a defense lawyer and cannot overrule a Polish court.
Forgetting to ask for copies of documents and to keep your own timeline of events and requests.L
Losing track of the 48h + 24h deadlines. Ask the officers to confirm the exact timing of your detention and any court transfer.

If You Believe Your Rights Were Violated (Complaints & Next Steps)

If you think your detention was unlawful or irregular, you can file a complaint (zażalenie na zatrzymanie) to the court within 7 days of detention. This is possible even after you have been released. The complaint can address the lawfulness, grounds, and manner of detention, and it can be supported by documents and witness statements.

Inform your lawyer immediately and provide a written account of what happened, including times, names, badge numbers, and any requests you made. Ask the Police for certified copies / extracts of the detention protocol and the rights notice. If relevant, seek an independent medical examination and keep evidence such as photos of injuries or contact details of witnesses.

This article is informational. For tailored advice and representation, consult a qualified Polish criminal defense lawyer. If you are a foreign national, also consider contacting your embassy or consulate for assistance and referrals.

FAQs (People-Also-Ask Style)

Do I get a free interpreter if I don’t speak Polish?
Yes. If you do not speak Polish sufficiently, you can request a free interpreter for essential stages so you understand your situation and can defend yourself.

Can I call my embassy or consulate?
You can request consular notification and speak with a consular officer. Consulates can assist and monitor your case but do not act as your lawyer.

Can questioning start before my lawyer arrives?
Ask to consult a lawyer first. In urgent cases, authorities may proceed; document your request, and consult your lawyer as soon as possible.

How long can Police keep me?
Up to 48 hours of police detention. If the prosecutor seeks court arrest, the court has 24 hours to decide after you are brought before it.

Can I refuse to sign documents?
Yes. If you don’t understand a document, do not sign it. Request an interpreter or a translation first and consult your lawyer.

Will a Polish criminal case follow me abroad?
It can, depending on EU data sharing, local background checks, and the nature of the case. Ask a lawyer about your specific situation.

How do I appeal an unlawful detention?
File a court complaint (zażalenie) within 7 days from detention. Your lawyer can prepare and submit it, even if you were already released.

Quick Checklist
Say: “Interpreter, please.” “I want a lawyer.” “Please notify my consulate.”
Get the written rights notice and keep copies of all documents.
Don’t sign what you don’t understand.
Note times, names, badge numbers, and your requests.
Remember the 48h + 24h rule and ask officers to confirm the exact timing.

Disclaimer & When to Seek Legal Help

Laws and procedures can change. This article provides general information, not legal advice. If you are detained or charged in Poland, contact a qualified Polish criminal defense lawyer immediately. As a foreign national, also consider contacting your embassy or consulate for assistance, welfare checks, and referrals to local counsel.

For expert legal representation in Poland, you may contact Attorney Maciej Zaborowski, a recognized criminal defense lawyer and partner at KKZ Law Firm. Additional resources and legal assistance are available through:

KKZ – Kancelaria Kopeć Zaborowski

CriminalLawPoland.com

LawyersinPoland.com