Criminal law in Poland

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Criminal law in Poland

Attorney law firm manages criminal defence proceedings in Poland.

As part of our law firm in Poznań - Poland, there are also experienced lawyers conducting criminal cases. In particular, they defend against allegations in the preparatory proceedings and before the court after the indictment has been filed.

Advocate Anna Konrady is the leader of the team dealing with criminal law as part of the lawyerpoznanski.pl project.

Needless to say, in criminal matters it is crucial to choose a good and proven lawyer and a reliable and experienced law firm.



Criminal law in Poznań -Poland

Criminal proceedings, practically for every person against whom the prosecutor has charged or against whom an indictment has been filed, means a lot of stress, related to the issue of criminal liability being resolved within its framework.
Often, the stake of a criminal case is not only money, a fine or a "hinged" sentence, but a real loss of freedom by being placed in a prison.
A criminal case for a person charged with is primarily a clash with the system. With a system that is equipped with tools and possibilities. The police, the prosecutor, the courts are institutions with which we do not deal every day. Despite this, it is possible to go through this stage of your life with a sense of relief, and in such a situation the most reasonable solution is to seek the help of a lawyer.

Criminal case in Poland with or without a lawyer?

There is no point in waiting for the involvement of a lawyer until the indictment is filed with the court. Already at the stage of preparatory proceedings, the role of a lawyer may prove invaluable in securing the interests of a person suspected of committing a crime.
The participation of the defender in the initial activities may turn out to be crucial. At this stage, the Police and the Prosecutor decide whether a crime has occurred at all, or whether they have sufficient evidence to prove the crime.
Unfortunately, also the inhabitants of Poznań and the surrounding cities, such as Szamotuły, Gniezno, Września, Oborniki, Tarnowo, Luboń, Śrem, may come into conflict with the law, which should encourage you to seek the help of a lawyer in Poznań.

An attorney specializing in criminal law and conducting criminal defense will first provide legal advice on the criminal law situation of each client. It will assess whether a given act is punishable by law, and will assess the quality of evidence available to the prosecution. Then, the role of the criminal lawyer is to develop a defense strategy in criminal proceedings. This strategy is to provide an effective line of defense. Optimally, when the police or the prosecutor's office can be persuaded to withdraw from further support for the allegations, which will result in discontinuation of the proceedings. However, if an indictment is filed with the court, the lawyer defends the client in court proceedings.
Attorneys operating within the Kowalak Jędrzejewska Law Firm in Poznań act as defenders - defending against allegations, as well as represent victims of crime by acting as proxies.

The basic role of a polish lawyer in a criminal case

The basic task faced by every lawyer who takes on the role of a defense counsel in criminal proceedings is to demonstrate that the suspect or accused has not committed a crime and to lead to the withdrawal of charges and discontinuation of the proceedings, and at the stage of court proceedings to an acquittal.
Sometimes, however, the fact of committing a crime is not even questioned by the accused person. This does not mean that in this situation the accused person does not need the assistance of a lawyer.
In a situation where it is impossible to acquit the defended client, the lawyer acts in order to obtain the most favorable sentence in terms of punishment and penal measures.
Attorneys from our law firm in Poznań are able to effectively fight for the lowest real penalty, especially to avoid the need to serve a prison sentence.
Each criminal case is of course different, but the overriding goal of the lawyer is always the same - it is the good of the client, which is guaranteed by the strict adherence to the lawyer's confidentiality.

Attorneys from our law firm in Poznań are able to effectively defend themselves in criminal proceedings.

We can boast of obtaining acquittals for our clients accused, among others, of: for fraud, theft, causing a traffic accident, driving under the influence of alcohol, violation of a police officer's bodily integrity or exposure to a direct danger of loss of life and health (by a member of medical staff).
Successful defense, however, does not mean only fighting for an acquittal. An experienced lawyer is able to choose a trial strategy in such a way as to minimize criminal liability and guide the client through the criminal trial in the most comfortable way.

What kind of criminal cases do our lawyers in Poznań handle?

We usually help our clients in the following types of cases:
    • crimes against property (theft, fraud, misappropriation);
    • causing a road accident or collision;
    • driving after alcohol and drugs;
    • health disorder and violation of bodily integrity;
    • insults, defamation;
    • participation in a fight, beatings;
    • crimes of a sexual nature;
    • falsification of documents;
    • fiscal crimes;
    • drug trafficking offences;
    • conditional discontinuance of criminal proceedings;
    • voluntary submission to punishment;
    • electronic supervision


How does a criminal lawyer in Poland work?

The principles of operation of the lawyers from the team of our law firm in Poznań are as follows:

Analysis of the facts of the case. 

Our lawyers start each case with a meeting and a frank conversation with the client. For this purpose, we invite you to our office in Poznań at ul. Mickiewicza 18a/3, where you can meet a lawyer experienced in criminal matters. We want to get to know your point of view on the matter and expectations. The next step is to contact representatives of law enforcement agencies (Police or Prosecutor's Office) and familiarize yourself with the material collected in the case. This allows us to assess the possible directions of development of the case, the chance of obtaining a favorable decision. Getting to know the state of knowledge of law enforcement authorities is crucial, e.g. when making decisions on submitting/refusing to provide explanations. A good defense strategy is the key to a successful case outcome. 

Participation of a lawyer in preparatory proceedings.

Preparatory proceedings should not be underestimated, because it is in its course that the Police or the Prosecutor conduct the first interrogations of the party and witnesses, as well as the collected materials, which are later used by the court. Witnesses tend to remember more during interrogation in an investigation than in a lawsuit that has dragged on for months, and sometimes years. The participation of a lawyer in the first interrogation as a suspect is often of key importance to the case, somehow "directing" it in a given way. Police interrogation is usually accompanied by stress, and many clients complain after the fact that their words have not been faithfully recorded in the protocol. Especially since the policemen are not lawyers and they are not always able to extract all the nuances from the content of the testimonies. Our attorneys watch over the proper conduct of the interrogation and compliance with the provisions of the Code of Criminal Procedure.


Detention.

Imprisonment of liberty before a final conviction is a difficult situation for both the suspect and his family. As a rule, the stop and further actions happen abruptly. Our lawyers help relatives of persons under temporary arrest, we prepare complaints against decisions on pre-trial detention or its extension, we organize visits. Our lawyers meet people temporarily arrested in detention centers not only in Poznań, but throughout the country.

defense in court proceedings.

       In the Polish criminal process, there is a presumption of innocence principle, which says that the accused is presumed innocent until proven guilty. The defense attorney has an important role in a criminal trial because they must ask the tough questions, raise doubts about the facts, and look for evidence that can help the client. Depending on the type of case, it may be crucial to have knowledge of jurisprudence, thorough questioning of witnesses or the ability to effectively argue with an expert's opinion. Our lawyers always honestly inform clients about the chances of success and the weaknesses of the defense. Sometimes, in order to achieve a favorable outcome, it is necessary to conduct a criminal trial in two instances, because only the higher court can agree with the arguments presented by the defense lawyer.

Voluntary submission to punishment.

       An experienced lawyer is able to assess the situation of his client and advise him on the best way to end the criminal trial. Voluntary acceptance of punishment is not considered a failure, but is the result of a cost-benefit approach. Attorneys from our law firm in Poznań are able to obtain a milder penalty, conditional suspension of its execution or a shorter period of validity of the penal measure, if the client decides to voluntarily submit to the penalty. Before deciding to voluntarily submit to punishment, it is worth carefully analyzing your situation and not making decisions under stress, e.g. during a police interrogation.

Conditional discontinuation of the proceedings.

       Conditional discontinuation of proceedings is one of the options for ending a criminal case, which minimizes the negative legal and criminal consequences for the client. This is sometimes a real opportunity because it allows the client to maintain the status of a person with no criminal record, avoid a penalty or reduce the scope of criminal measures, including in particular shortening the driving ban.
       The polish regulations and jurisprudence specify in which situations it is possible to apply conditional discontinuance of proceedings. Our lawyers have experience in persuading courts from various regions of Wielkopolska to use this advantageous option.
       
Victim in a criminal trial.

       Crime is a traumatic experience, but sometimes the victim should take an active part in the criminal proceedings. A conviction for the perpetrator of a crime can not only bring a sense of justice, but also open the way to receive compensation and redress for the consequences of the crime. In our law firm, lawyers conduct cases comprehensively, using materials collected in criminal proceedings to obtain favorable results for our clients. However, we are aware that a criminal trial can be traumatic for victims of crime, which is why we act sensitively and make sure that our clients' participation in the process is as comfortable as possible.
       
                   After a final judgment.

An experienced attorney is able to use various legal institutions that allow you to reduce the effects of the imposed penalty. In addition to obtaining a final conviction, our lawyers can file applications for conditional early release, electronic supervision, issuing a joint sentence, spreading financial penalties into installments, shortening the duration of penal measures or obtaining an alcohol block. Thanks to our experience and skills, we are able to convince the court to consider the applications positively, which enables our clients to serve a milder sentence than the one that was imposed.

The legal assistance of a criminal law attorney in Poznań- Poland consists in particular in:

    • providing legal advice on criminal law, assessing the client's situation in terms of criminal liability and the penalty for a given act,
    • defending suspected and then accused Clients during all stages of criminal proceedings,
    • drawing up all kinds of letters in criminal proceedings, such as: appeals, complaints, letters regarding the change or revocation of a preventive measure, even temporary arrest, surety, police supervision, applications for conditional early release, payment of fines in installments and others,
    • representing the client in preparatory proceedings in the field of his questioning, questioning of witnesses at the Police or the Prosecutor's Office as well as at the stage of final familiarization with the materials of the proceedings,
    • representing injured persons as their attorney,
    • pursuing claims for damages from the perpetrators of the crime in connection with damages resulting from the fact of committing the crime.
    • drawing up applications for discontinuation of proceedings, conditional discontinuation of proceedings, for voluntary submission to criminal liability, for issuing a conviction without conducting evidence proceedings, preparation of cassation, appeals, complaints, applications for resumption of criminal proceedings,
    • in enforcement proceedings (i.e. after conviction and at the stage of execution of the sentence), drafting letters for postponement and discontinuation of the execution of a prison sentence, motions for conditional early release from prison, for issuing a joint sentence, for remission or distribution of fines in installments, motions for exemption from serving the penalty of restriction of liberty or for its recognition as executed.
      

The main area of ​​​​operation is the city of Poznań and towns located in the immediate vicinity of Poznań (Szmotuły, Oborniki, Gniezno, Chodzież, Śrem, Września, Jarocin, Nowy Tomyśl, Grodzisk Wielkopolski), but if necessary, we also appear before judicial authorities in other regions of the country.

Thanks to our branches, we also provide assistance of a lawyer in criminal matters in Września and assistance of a lawyer in criminal matters in Jarocin.

Criminal matters that can be entrusted to our lawyer in Poznań

Among the wide spectrum of criminal cases, we deal in particular with the following crimes:
    • communication (traffic accident, driving while intoxicated or under the influence of drugs, etc.)
    • against life and health (fight and beating, causing damage to human health, abortion, exposure to danger of loss of life or health, etc.)
    • against family and care (domestic violence, physical and mental abuse of family members, persistent evasion of the obligation to pay maintenance);
    • against freedom (punishable threats, blackmail, stalking, etc.)
    • against honor and bodily integrity (defamation, insults, violation of bodily inviolability, etc.)
    • against the activities of state institutions (bribery, influence, etc.)
    • against the protection of information (unlawful obtaining of information, destruction or damage of IT data, disruption of computer systems, etc.);
    • against the credibility of documents (forgery, false declarations, etc.)
    • against property (theft, burglary, robbery, robbery extortion, misappropriation, fraud, computer fraud, etc.)
    • economic (white-collar crime, credit fraud, harm to creditors, crimes related to bankruptcy law, etc.)
    • specified in the Act of 29 July 2005 on counteracting drug addiction (manufacturing, smuggling, marketing, possession of narcotics)
    • related to infringement of copyrights, trademarks, utility models and patents
The law firm also represents clients in petty offense cases. Among the most common are:
    • offenses against safety and order in communication (driving while under the influence of alcohol, driving without a license, failure to comply with the speed limit, etc.)
    • offenses against property (theft or misappropriation, receiving receipts)
    • offenses against a person (malicious disturbance, dog-biting, violation of parental and protective duties

Remuneration of a lawyer in a criminal case in Poland - Poznań
How much does a polish lawyer charge for a criminal case?
Due to the fact that each of the criminal cases with which our clients come to our law firm is different, this Price List of legal services in criminal proceedings will only help you to find out about our pricing policy. Each criminal case is distinguished from the others by a completely different degree of complexity, the stage it is at and the seriousness of the charges, and thus a different amount of work on the part of a criminal law lawyer.
For this reason, the Law Firm's remuneration for attorney's services is agreed with each of you individually.

First of all, the lawyer who analyzes your case conducts an analysis of the facts and legal status and initially assesses the scope of necessary actions to be taken and the factual and legal complications that may arise in the course of the case.

On this basis, assessing the workload of a law firm in Poznan, the degree of complexity, the lawyer proposes remuneration for carrying out a given case

Criminal cases vary greatly, ranging from relatively uncomplicated cases involving a single event (theft, drunk driving, fight, etc.) to cases against persons accused of fraud as part of an organized practice.

Therefore, one case may take a year and come down to one or two hearings, while the other case will take the law enforcement authorities several years and involve the need to schedule a hearing many times and go through kilometers of collected documents.

Therefore, the remuneration in criminal cases usually ranges from PLN 3,000 for a typical case, to much higher amounts for particularly complex or heavy cases.

A single legal advice in the field of criminal law is usually PLN 300. In a situation where the analysis of documents or familiarization with the case files is required for its granting, this amount may be higher.

Where we operate

Our office is located in Poznań, but lawyers from our office conduct criminal cases and defend against allegations of clients throughout Poland. We have already conducted criminal proceedings before the courts in Warsaw, Suwałki, Katowice, Wrocław, Szczecin, Koszalin, Zielona Góra, and Gorzów Wielkopolski.

However, above all, our criminal defense lawyers exercise the authorization to defend themselves in such cities of Greater Poland as: Gniezno, Jarocin, Wągrowiec, Śrem, Koło, Ostrów Wielkopolski, Konin, Września, Grodzisk Wielkopolski, Środa Wielkopolska, Nowy Tomyśl, Oborniki, Chodzież, Pila, Złotów, Słupca , Pleszew, Szamotuly, Gostyń, Leszno, Krotoszyn, Kalisz, Kościan, Turek.

We invite you to our headquarters at ul. Mickiewicza 18a/3 in Poznań. We also provide online legal advice. The offer of legal assistance in the field of criminal and misdemeanor cases is addressed not only to the inhabitants of Poznań, but also to other towns in Wielkopolska, such as: Września, Jarocin, Słupca, Gniezno, Wągrowiec, Koło, Kalisz, Konin, Szamotuły and others.

Persons interested in the assistance of a criminal law attorney in Jarocin are invited to our Branch there, similarly, persons interested in a criminal law attorney in Września are invited to our branch in Września.