Prosecution of Foreign Nationals in Poland: The Role of Interpol, Red Notices & Polish Practice in Using Them

Foreign nationals may be sought in Poland for prosecution, trial, or the enforcement of a sentence. In cross-border cases, Polish authorities may rely on several mechanisms: Interpol channels (such as Red Notices and diffusions), European Union tools (most importantly the European Arrest Warrant – EAW), and Poland’s own domestic criminal procedure. This article explains how foreign suspects come to the attention of Polish law enforcement, how Interpol notifications work in practice, and what rights and safeguards apply – especially if you are a foreign national living, working, or travelling in Poland.

What Interpol Is – and What It Is Not

Interpol is not an international police force with arrest powers. It does not issue arrest warrants. Instead, it is an information-sharing organisation that allows police authorities of 195 member states – including Poland – to cooperate via secure communication channels.

Polish Police, prosecutors and border authorities use Interpol primarily for:

• locating wanted persons abroad,
• checking whether a foreign national present in Poland is sought in another state,
• confirming identity, travel routes or criminal associations,
• transmitting judicial information between states.

Interpol information may trigger an arrest in Poland, but does not itself authorise one. Arrest must always be based on Polish law, a foreign arrest warrant, an extradition request, or – within the EU – an EAW.

What Is an Interpol Red Notice? (And Why It Is Not a “Warrant”)

A Red Notice is an international request circulated by Interpol at the request of a member state, asking other states to:

• locate the person,
• provisionally arrest them if their domestic law allows,
• prepare for extradition.

Key features:

• It is not an international arrest warrant.
• Each country decides whether and how to act on a Red Notice.
• Some Red Notices are refused or deleted due to political motives, lack of due process, or human-rights concerns.
• Poland conducts its own legal review before arresting someone where a Red Notice is the source of information.

Red Notice vs. Diffusion

Diffusions are faster, more informal alerts sent directly between member states. Both Red Notices and diffusions can trigger checks or arrests in Poland – but the same domestic legal standards apply.

How Red Notices Work in Poland (Polish Legal Practice)

Step 1 – Identification / Verification

Police confirm the hit: identity, nationality, date of birth, photographs and fingerprints. False positives are possible, so temporary questioning is common even where no arrest follows.

Step 2 – Assessment of the Legal Basis

Polish police cannot rely on a Red Notice as a self-standing legal basis for detention. They must verify:

• whether a valid foreign arrest warrant exists,
• whether the foreign state submitted or intends to submit a formal extradition request,
• whether detention meets Polish legal standards,
• whether the person is a Polish national, which heavily restricts extradition to non-EU states.

Step 3 – Possible Provisional Arrest

If all legal conditions are met, provisional arrest may occur to safeguard future extradition proceedings. A court then reviews:

• dual criminality,
• human-rights risks,
• whether the request is political or abusive,
• whether surrender is permissible given nationality, asylum status, or refugee protection.

Step 4 – Extradition Proceedings

Once a complete extradition request arrives, a Polish court decides on surrender. The court may refuse extradition if it would violate fundamental rights, constitutional limits or non-refoulement principles.

When Interpol Notices Are Misused (and How Poland Responds)

Interpol has been criticised for politically motivated Red Notices (for example, against dissidents, journalists or businesspeople). Polish courts routinely assess whether:

• the prosecution is political or fabricated,
• the requesting state has a history of abuse,
• the person risks torture, inhuman treatment, or sham trials.

If concerns arise, courts may:

• refuse extradition,
• grant refugee or subsidiary protection status,
• signal the case to Interpol via the National Central Bureau, requesting review or deletion of the notice.

Relationship Between Interpol Notices and the European Arrest Warrant (EAW)

Within the EU, the EAW is the primary legal tool for arrest and surrender of wanted persons. Interpol channels may still be used for information exchange, but the binding legal basis for surrender between EU Member States is the EAW (often complemented by Schengen information alerts).

In Polish practice, if an EU state seeks a person located in Poland, the case will ordinarily be handled under the EAW – even if an Interpol Red Notice also exists. It is faster, legally clearer and less vulnerable to abuse.

Rights of Foreign Nationals in Poland When Flagged by Interpol

• Right to information about the reason for the stop or arrest, in a language understood.
• Right to legal assistance and private consultation with a lawyer.
• Right to a free interpreter.
• Right to consular notification.
• Right to challenge arrest, detention and extradition before a Polish court.
• Right to human-rights protection and scrutiny of political motives.
• Right to challenge Interpol data via the Interpol Commission for the Control of Files (CCF) procedure.

Practical Scenarios: What Happens in Poland?

Scenario A: A non-EU country issues a Red Notice
Poland verifies the request. If the person risks unfair trial, torture or political persecution, extradition may be refused and international protection may be considered.

Scenario B: You hold Polish citizenship
Polish citizens are rarely extradited to non-EU countries. Courts strictly assess constitutional limits and human-rights guarantees before any surrender decision.

Scenario C: An EU Member State seeks you
The EAW applies – not the Red Notice – as the main surrender instrument. Surrender is generally faster unless fundamental rights concerns arise.

Scenario D: You are a refugee / asylee
Poland must respect non-refoulement. Courts may refuse extradition in such cases and Polish authorities can support the removal of an abusive Red Notice where it conflicts with international protection.

FAQ – People Also Ask

Is an Interpol Red Notice an arrest warrant in Poland?
No. It is not a warrant. Arrest must be based on Polish law, a foreign arrest warrant, or (for EU states) an EAW and relevant Polish provisions.

Can Poland ignore a Red Notice?
Yes. Poland may choose not to act if the notice is political, abusive, or incompatible with human-rights standards or domestic constitutional safeguards.

What happens if I am flagged at a Polish airport?
Border guards verify the notice and may detain you if a valid legal basis exists. You will have access to a lawyer and an interpreter during key stages.

How long can Poland hold me due to a Red Notice?
Detention must be reviewed by a Polish court. Courts may order release, bail or continued detention depending on risk factors and the status of the extradition request.

Can a Red Notice be removed?
Yes. Your lawyer may challenge the notice before the Interpol Commission for the Control of Files (CCF), particularly where it is politically motivated or clearly unlawful.

Does the EAW replace Interpol notices in Europe?
Within the EU, the EAW is the primary, binding tool for arrest and surrender. Interpol notices may still exist in parallel but do not replace the EAW-based surrender mechanism.

Quick Checklist

• Ask: “Why am I being stopped? Is this due to an Interpol notice?”
• Request a lawyer immediately.
• Ask for a free interpreter if needed.
• Contact your embassy or consulate.
• Do not sign documents you do not understand.
• Ask your lawyer to verify: any foreign warrant, possible political motives, extradition legality, asylum or protection issues, and whether an EAW applies instead.
• Keep copies of all documents and decisions.

Disclaimer & When to Seek Legal Help

Interpol Red Notices, extradition law and the European Arrest Warrant involve complex and evolving legal frameworks. This article provides general information only and does not constitute legal advice. If you or someone you support is subject to an Interpol notice, arrested in Poland, or at risk of extradition or EAW surrender, you should immediately consult a qualified Polish criminal defence lawyer experienced in cross-border matters.

For expert legal representation in Poland, you may contact Attorney Maciej Zaborowski, a recognised criminal defence lawyer and partner at KKZ Law Firm, specialising in extradition, international cooperation and European Arrest Warrant proceedings. Additional resources and legal assistance are available through:

KKZ – Kancelaria Kopeć Zaborowski
CriminalLawPoland.com
LawyersinPoland.com

Foreign nationals may also request support from their embassy or consulate in Poland.