Poland’s President vetoed amendments to the criminal procedure code, triggering a dispute with the Justice Ministry over arrest powers and evidentiary rules.
Presidential Objections to the Amendments
President Karol Nawrocki vetoed the proposed amendments to the Code of Criminal Procedure on Friday, citing concerns that the changes could hinder criminal investigations and introduce “procedural chaos.”
Presidential Spokesman Rafał Leśkiewicz stated that while the bill contained “some beneficial solutions,” the overall impact could be detrimental to legal proceedings.
Concerns Regarding Arrest Powers
Zbigniew Bogucki, head of the President’s Chancellery, argued that the amendments would prevent the use of temporary arrest in certain cases, such as those involving harm to a fetus or online contact with minors for sexual exploitation.
Justice Ministry Rebuts Claims
The Ministry of Justice issued a statement on Wednesday dismissing the President’s concerns, asserting that the criticism was based on a “misinterpretation of the provisions” and was misleading the public.
The Ministry clarified that the new regulations would not prevent the application of temporary arrest for offenses punishable by up to two years in prison, referencing existing provisions allowing arrest if a suspect flees or obstructs the investigation.
Dispute Over Preconditions for Temporary Arrest
Bogucki also raised concerns about a “self-executing precondition” for temporary arrest, which relates to crimes carrying high penalties. The current code allows arrest for crimes punishable by at least eight years, while the vetoed amendment would have raised that threshold to ten years.
According to Bogucki, certain crimes against the fundamental interests of the Republic, such as those related to state security, might not qualify for arrest under the proposed changes due to their lower maximum penalties.
Ministry Defends Provisions for Serious Crimes
The Ministry of Justice countered that arrest would remain possible for serious offenses like espionage and sabotage, emphasizing that the amendments did not affect the main grounds for temporary arrest outlined in Article 258, paragraph 1 of the Code of Criminal Procedure.
Disagreement Over the Definition of ‘Suspect’
Bogucki also criticized the amendment’s revised definition of “suspect,” claiming it contradicted the views of the Supreme Court, the National Council of the Judiciary, and other government bodies.
The Ministry of Justice responded that the new definition aimed to clarify the status of individuals subject to investigative actions but not yet formally designated as suspects, addressing long-standing legal ambiguities.
Other Changes in the Vetoed Bill
The vetoed bill also included changes related to the European Arrest Warrant system, the use of evidence, confidentiality of attorney-client communications, and appeal deadlines.