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DETENTION PENDING TRIAL

NCJ Number
148129
Editor(s)
A Siemaszko
Date Published
1993
Length
81 pages
Annotation
In Poland's criminal law system, preventive detention pending trial is used to safeguard the integrity of the proceedings, both in the investigative phase and during the trial itself.
Abstract
During preparatory proceedings, the prosecutor decides whether to apply detention pending trial, which can last a maximum of 3 months. After that period, only the court can prolong the detention period for up to 1 year. The duration of detention is not limited once the trial has begun. The court is obliged to apply detention following sentence when the defendant is sentenced to over 2 years imprisonment for an intended crime or over 3 years for an unintended crime. Public attention has focused on preventive detention because of planned amendments to the code of criminal procedure. Currently available data suggest that the use of detention pending trial has increased recently, although legal agencies seem to have stopped using such detention as a means of repression. 2 appendixes

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