Michał Surówka
advocate
SURÓWKA Law Firm
Detention – how should a detained person behave?
It is worth emphasizing that this article is of a general nature. For an individual consultation, please contact Attorney Michał Surówka directly at +48883921775 or via email at adwokat.m.surowka@kancelariasurowka.pl. The law firm is based in Krakow (Cracow), Poland but provides services throughout the entire country.
Detention for 48 hours is often an unexpected situation for both the detainee and their family members. Acquiring knowledge about how to behave in such circumstances, understanding the rights available to us, and knowing the conditions for being released can help maintain composure and enable swift action to secure professional legal assistance. In this article, we explain, among other things, when a person suspected of committing a crime can be detained for 48 hours, the differences between detention and temporary arrest, and how to act after being detained by the Police or another authorized body.
When Can the Police Detain a Person? How Long Can It Last, and What Happens During the Detention?
Before addressing the question of when detention for 48 hours is possible, it is worth outlining the standard procedures of authorized bodies. In relatively minor cases that are not urgent and where there is no risk of the suspect taking actions that could harm the investigation, the standard approach is to send a notification to the suspect about the date of questioning at the police station or prosecutor’s office. Detention, on the other hand, is a more serious measure, initiating an intense interaction between the suspect and the justice system in the case at hand.
What Does Detention for 48 Hours Mean? If such detention occurs, it can generally be assumed that the Police (or another authorized body, such as the National Revenue Administration, the Central Bureau of Police Investigation, or the Internal Security Agency) has reasonable grounds to suspect that the detainee has committed a crime. At the same time, the detaining body may have concerns that the detainee might attempt to hide, flee, destroy evidence, or that it is not possible to ascertain their identity. Therefore, refusal to present identification or provide personal details could, depending on the circumstances, influence the decision to detain and may itself constitute a misdemeanor.
Was the Detention Justified? Whether the detaining body acted correctly in detaining us or a loved one—or whether the detention resulted from abuse, misconduct, or an error in judgment—should be reviewed by the court upon an appeal lodged by the detainee or their attorney. It is important to note that detention or temporary arrest later deemed unjustified after judicial review may entitle the detainee or temporarily arrested person to claim compensation and redress from the State Treasury.
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What Is the Difference Between Detention and Temporary Arrest, Commonly Known as Remand?
Having established when a person can be detained for 48 hours, we can now address another critical question: What are the differences between detention and temporary arrest? Detention usually lasts up to 48 hours, measured precisely from the moment of arrest, which should be accurately recorded in the detention report. During this time, the authority must decide, depending on the nature of the case and its circumstances, whether to limit its actions to questioning the detainee, presenting them or their image to the victim, or formally charging the detainee (potentially applying measures such as police supervision) and releasing them, or whether it deems temporary arrest necessary.
In the latter case, which is significantly less favorable for the detainee, the detaining authority must, within the aforementioned 48 hours, file a motion with the court to apply temporary arrest. Subsequently, the court (in practice, the judge on duty handling such motions at the time) has 24 hours to issue a ruling either granting or denying the request for temporary arrest. This additional 24-hour period sometimes leads to the term “72-hour detention.”
It is essential to emphasize that the detainee must be released no later than 72 hours after the minute of arrest unless the court orders temporary arrest. Temporary arrest can last up to two years, and for more serious crimes, it may be extended for even longer. This is why it is crucial to actively participate in the court’s detention hearings, consider appealing every decision to impose or extend temporary arrest, and file a motion for its revocation at the appropriate time. Given these complexities, it is vital for a temporarily detained person to secure the assistance of a specialist with experience in such matters, such as a Krakow attorney from SURÓWKA Law Firm. Our expertise and commitment enable us to assess the reasons for detention or arrest, analyze other factors affecting the client’s situation, and efficiently undertake necessary actions to adequately protect their interests in line with the case’s circumstances.
Detention for 48 Hours – The Role of the Detainee’s Initial Interrogation and Practices Adopted by the Police and Prosecution
From experience, I know that mistakes made by the detainee during their initial interrogation often have a lasting impact on the entire subsequent proceedings and can be impossible to rectify. The mere prospect of being held for two days, sometimes colloquially referred to as “48-hour arrest,” can negatively affect the detainee, compounded by numerous other factors leading to decisions that are not in their best interest.
In particular, detainees are usually interrogated under stress, often immediately after a traumatic event, in the intimidating environment of a police station or prosecutor’s office. At such moments, they often face a group of officers alone—frequently seasoned police officers who can quickly discern the personality type they are dealing with, identify their weaknesses, and, on occasion, operate under the principle that “the ends justify the means,” resorting to tactics that are at least questionable. Many of my clients have also reported instances of physical force being used against them to obtain desired statements, confessions, or applications.
Additionally, officers often use verbal persuasion to encourage the detainee to admit to committing a specific act, urging them to submit an application for sentencing without trial (commonly referred to as VSP). They paint a picture of a favorable outcome for the detainee, while in reality, the terms of sentencing proposed by the police or prosecutor are far from serving the detainee’s best interests within the context of the specific case.
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How to Act After Being Detained by the Police? A Detainee’s Right to Contact a Lawyer
What should a person do if they find themselves detained, sometimes colloquially referred to as a “48-hour arrest”? In light of the above, the most prudent course of action for the detained individual is usually to immediately refuse to provide statements or explanations while politely yet firmly demanding immediate access to a lawyer under Article 245 § 1 of the Code of Criminal Procedure. In such a case, the officer or prosecutor is obligated to at least provide the detainee with a phone and allow them to contact a lawyer.
Given the stressful nature of a situation like detention for 72 hours, it is natural to forget your lawyer’s phone number. If you cannot recall the number and the officer or prosecutor refuses to provide access to it, the most sensible solution is to declare that you demand the immediate notification of a specified close person (e.g., a spouse, partner, parent, sibling) about the fact of detention and your whereabouts. This right is based on Article 245 § 1 in conjunction with Article 261 § 1 of the Code of Criminal Procedure. Additionally, you can request that this person contact your lawyer on your behalf.
In this context, you might find it helpful to read the article: WHAT CAN FRIENDS AND FAMILY DO FOR A DETAINED PERSON?
At SURÓWKA Law Office, we provide professional support in cases where a client or their loved one has been detained. With practical experience and in-depth expertise, we are capable of thoroughly analyzing the client’s current situation, preparing a high-quality defensive strategy when necessary, and offering comprehensive handling of their case. Our services provide clients with the confidence that their interests and rights are protected by a competent, qualified specialist passionate about their work.
Criminal law services in Cracow are one of our three areas of specialization. At SURÓWKA Law Office, we also offer services such as:
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