Impact of the case law of the Constitutional Tribunal on the standard of detention on remand in Poland

Abstract

Detention on remand is intrinsically linked to the fundamental rights and freedoms of the individual and, in particular, to personal freedom, the right to a fair trial and the principle of the presumption of innocence. This paper explores the constitutional dimension of the application of detention on remand in Poland. Its first part outlines the constitutional values that are violated as a result of detention on remand. The status of the principle of proportionality is pointed out, both in constitutional law and in the criminal law procedure. In further parts, the article presents the role of the Constitutional Tribunal in Poland and analyzes its case law on detention on remand. The jurisprudence of the Constitutional Tribunal in Poland emphasizes the directive to minimize the duration and the principle of proportionality of preventive measures, which imply that detention on remand may only be used ultima ratio. In particular, the paper focuses on the rulings concerning the premises for detention on remand, the access to the file of the pre-trial proceedings in the part concerning the decision to apply detention on remand, the access of the persons detained on remand to defense counsels, the duration of detention on remand, and the contact of the persons subject to the most severe preventive measure with their loved ones.