Extradition To & From Poland: International Cooperation & the Role of the European Arrest Warrant (EAW)

Extradition in Poland encompasses two key scenarios: (i) requests from foreign states for the surrender of a person located in Poland (“extradition from Poland”), and (ii) requests by Polish authorities to have a person residing abroad transferred to Poland (“extradition to Poland”). In the European Union context, much of this process is governed by the European Arrest Warrant (EAW) mechanism, which streamlines surrender between member states. This article explains the applicable rules, how they work in practice, and what rights and safeguards apply – particularly if you are a foreign national or Polish citizen facing a cross-border criminal process.

1. Legal Framework: Extradition vs. the EAW

In Poland the main two frameworks are:

• Traditional extradition – applicable when a non-EU state requests surrender of a person in Poland or when Poland requests surrender from a non-EU country. The relevant Polish national law governs the procedure, grounds for refusal (e.g., dual criminality, human rights risk, citizenship).
• The European Arrest Warrant (EAW) – applicable between EU Member States. Under this mechanism, a judicial decision issued in one Member State is recognised by another, and surrender is expedited.
  Because the EAW regime is built on mutual recognition and mutual trust among EU states, it imposes fewer hurdles (for example the dual criminality test is relaxed for certain offences) compared to classical extradition.

2. Extradition from Poland (requests made to Poland) – Key Steps & Grounds

Step 1 – Receipt of request
A foreign state (EU under EAW; non-EU under national extradition law) requests Poland’s authorities to locate and arrest a person within Poland’s jurisdiction. For non-EU states, the extradition request must meet formal requirements and satisfy Polish law for admissibility.

Step 2 – Arrest and provisional detention
In the EAW context, once a person is arrested in Poland based on an EAW issued by another EU Member State, the regional court proceeds to examine the surrender request. According to Polish practice, a decision on surrender is typically expected within about 30 days of arrest (longer in exceptional cases).

For non-EU extradition, the process may take longer and includes various review steps (prosecutor, court, appeal). Under the Polish Constitution, extradition of Polish citizens is generally prohibited but may be allowed only in strictly defined situations arising from ratified international instruments and subject to strong human-rights safeguards. In practice, this means that requests from non-EU states concerning Polish nationals are usually refused and domestic prosecution in Poland may be considered instead, especially where serious offences are involved.

Step 3 – Decision and surrender
The Polish court will decide whether to grant surrender. If approved, the person is handed over to the requesting state. In the EAW framework Poland must execute the warrant unless one of the limited grounds for refusal applies. For non-EU extradition the relevant treaty or domestic law governs.

Step 4 – Possible refusal or postponement
Poland may refuse or postpone surrender if: the offence is politically motivated; the person risks inhuman or degrading treatment; the person is a Polish national (for non-EAW cases); the offence is not recognised under Polish law (lack of dual criminality); or the person has already been tried or served sentence for the same acts (ne bis in idem).

3. Extradition to Poland (requests made by Poland abroad) – What to know

When Polish authorities seek the surrender of a person located in another state, two scenarios apply:

• Within the EU via EAW: Polish prosecutors / courts issue a European Arrest Warrant directed at the person in another EU country. That country must execute the warrant unless one of the limited grounds for refusal applies.
• Outside the EU: Poland must rely on extradition treaties or domestic law applicable to that third country. In practice, Polish citizenship protection strongly limits extradition of Polish nationals to non-EU states; instead, Polish authorities may open criminal proceedings in Poland for offences committed abroad, where the jurisdictional conditions are met.
  The EAW route offers a faster, more standardized process compared to traditional extradition. In practice, Poland has been a significant issuer of EAWs over the years.

4. The Role and Specific Features of the European Arrest Warrant (EAW) in Poland

The EAW is central for intra-EU surrender. Some key features in the Polish context:

• Issuing authority: In Poland, regional (district) courts issue an EAW upon a prosecutor’s request, provided the jurisdictional and legal requirements are met.
• Scope of offences / double criminality: For a number of serious offences (terrorism, human trafficking, corruption, organised crime etc.) the dual criminality check is waived. Otherwise Poland still checks whether the conduct corresponds to a crime under Polish law.
• Time-limits: After arrest, Polish law provides that the court should render a decision within a relatively short timeframe (typically around 30 days); once final, hand-over should follow within 10 days (in standard cases) under the EAW framework.
• Grounds for refusal: Even under the EAW, there are limited mandatory grounds for refusal: e.g., if the person is under age, if final sentence has been served, if amnesty applies, or if surrender would breach fundamental rights. Poland may also refuse in cases of political offences or where its own jurisdiction is primary.
• Specialty principle: The requesting state may not use the surrendered person for offences other than those specified in the warrant, unless agreed.

Because of these features, handling an EAW-based surrender requires specialist international criminal law advice: issues of proportionality, fairness, human rights conditions in the issuing state, and possible defences.

5. Practical Rights & Safeguards for Persons Subject to Extradition or EAW in Poland

Whether you are in Poland facing a surrender request, or you are sought abroad by Poland, several important rights apply:

• Right to know the case against you: You must receive information about the request, the grounds for arrest, the legal basis of the procedure (EAW or extradition), in a language you understand.
• Right to legal representation: You have the right to consult a lawyer, to have your lawyer present at hearings, and to challenge the decision in court or appeal (depending on the phase and jurisdiction).
• Protection against human rights violations: You may argue that surrender would expose you to unfair trial, inhuman or degrading treatment, or other rights violations – and thus the court may refuse or postpone surrender on that ground.
• Special protection for nationals: For non-EU extradition requests, Polish citizens may not be surrendered to a non-EU state except in narrowly defined, treaty-based situations and subject to strict constitutional safeguards.
• Right to appeal / review: Depending on the case, you may challenge the execution of a request, the jurisdiction, the legality of the warrant or request, and the proportionality of surrender.

Tip: If you are arrested in Poland under an EAW or face extradition proceedings, ask your lawyer to verify: the legal basis (EAW or extradition treaty), the issuing authority, the exact offence listed, whether double criminality is required, whether you are a national, whether human rights risks exist, and whether delay or review options apply.

6. Common Challenges, Practical Tips & Strategic Considerations

• Check proportionality: The EAW should not be used for trivial offences if surrender would be disproportionate. Poland has in recent years seen criticism for issuing warrants even for minor offences.
• Evaluate jurisdiction conflicts: If Poland has parallel proceedings (investigation or trial) for the same acts, a foreign state’s request might be refused (especially outside the EAW regime). Carefully assess which state has priority.
• Human rights environment of requesting state: If you are to be surrendered to a non-EU country, or even in some EAW cases, highlight any risk of ill-treatment, unfair trial, inhuman conditions – Polish courts must consider these.
• Timing and provisional detention: Under EAW in Poland, detention pending decision can last up to 100 days in exceptional circumstances (though usually shorter).
• National vs foreign nationals: If you are a Polish citizen abroad facing a request to surrender to Poland, different rules apply compared to a foreigner in Poland facing Poland’s request. Always check nationality implications.

FAQ about extradition to and from Poland

What is the difference between extradition and the EAW?

Extradition is a broader concept involving surrender of persons based on treaties or national law, often across non-EU borders; by contrast the EAW is a specialised intra-EU instrument that streamlines surrender between Member States via mutual recognition, with fewer procedural hurdles.

Can Poland refuse to surrender someone under an EAW?

Yes, but only on limited grounds: e.g., if the person is underage, the offence is covered by amnesty, the person has served sentence, or if surrender would violate fundamental rights. The possibility of refusing is more restricted than in traditional extradition.

Can a Polish citizen be extradited from Poland to a non-EU country?

As a rule, Polish law strongly protects nationals from being surrendered to non-EU states. Extradition of a Polish citizen is only possible in strictly defined, exceptional circumstances based on ratified international instruments and subject to robust human-rights safeguards; in practice, requests from non-EU countries concerning Polish citizens are often refused and the person may be prosecuted in Poland instead.

How long does the EAW procedure take in Poland?

After arrest under an EAW, Polish courts aim to issue a surrender decision within around 30 days. Once the decision is final, hand-over typically follows within 10 days. However, delays may occur if appeals or complex legal issues arise.

What if I’m in Poland and a non-EU country requests my extradition?

You will be subject to the national extradition procedure: the request must satisfy formal and substantive requirements (dual criminality, no political offence, no human rights risk). You have the right to legal representation, to challenge detention, and to appeal. Polish courts may refuse if legal grounds are met.

What should I do if I am arrested in Poland under an EAW or extradition request?

Immediately seek an experienced international criminal defence lawyer. Ask for full information in a language you understand, challenge any irregularities, check your nationality status, assess whether a human rights argument is available, ask for interim release if detention is prolonged, and keep track of timing and your rights to appeal.

• Quick Checklist
  Determine whether the request is an EAW (EU) or standard extradition (non-EU).
• Check your nationality and whether that impacts the procedure (Polish citizen status, dual nationality, etc.).
• Check the exact offence(s) cited, the issuing authority, and whether it meets Polish / EU legal requirements.
  Assess possible grounds for refusal: human rights risk, political offence, dual criminality (if applicable), amnesty / served sentence.
• Ensure you have legal representation and that all proceedings are explained in a language you understand.
  Monitor timing: detention pending surrender must not be unreasonable, decisions should be prompt under the EAW framework.
• If you believe your rights have been violated, document the issues, consult your lawyer, and consider contesting the procedure.

Disclaimer & When to Seek Legal Help

The law and procedure regarding extradition and the EAW are complex and subject to frequent developments (including EU case-law and domestic reforms). This article provides general information only – it does not constitute legal advice. If you or someone you support is facing extradition or a European Arrest Warrant in Poland or to / from Poland, you should immediately consult a qualified criminal defence lawyer with experience in international surrender and EU law.

For expert legal representation in Poland, you may contact Attorney Maciej Zaborowski, a recognized criminal defense lawyer and partner at KKZ Law Firm, specialising in international criminal law, extradition cases, and European Arrest Warrant proceedings. The firm offers English-speaking legal support and extensive cross-border experience. Additional resources and legal assistance are available through:

• KKZ – Kancelaria Kopeć Zaborowski
• CriminalLawPoland.com
• LawyersinPoland.com

Foreign nationals may also seek supplementary assistance through their embassy or consulate in Poland or, where applicable, from local lawyers in the requesting state.