The accused is an individual against whom the prosecutor has filed an indictment, a motion for conviction without trial, or a motion for conditional discontinuance of proceedings. In earlier stages, the same individual may act as a suspect. When, based on collected evidence, the prosecution issues an indictment, the accused is entitled to numerous rights but also has certain obligations towards the justice system.
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An individual accused of committing a crime has numerous entitlements that cannot be deprived by anyone—not even the prosecutor or the court. These arise directly from the law and are not subject to anyone's assessment or interpretation. On the other hand, the accused should be aware of the rights they are entitled to.
Under Polish law, the principle of presumption of innocence applies, which means that no one can be deemed guilty until proven otherwise. Mere evidence is insufficient—guilt is established only when a final judgment is rendered. For the accused, this means there is no obligation to prove innocence. It is the prosecutor's responsibility to present evidence incriminating the accused.
The accused is not required to prove their innocence but has the right to defend themselves. A criminal defense lawyer can be personally chosen by the accused, and in certain cases, legal aid is provided by the state. The law also mandates the presence of a defense counsel when:
The court may also appoint a public defender if there is no evidence in favor of the accused. Additionally, a defense counsel is required for those accused of a felony or those deprived of liberty.
Legal representation is a right for both the accused and the suspect. The terms suspect and accused primarily refer to different stages of criminal proceedings. Nonetheless, each can be represented by an attorney. The attorney, on behalf of the accused, prepares and submits motions and represents their interests before the judiciary. It is also worth noting that individuals who do not understand Polish have the right to interpreter assistance.
The rights of the accused extend beyond defense. Anyone suspected of committing a crime has the right to a trial conducted by a competent, independent, impartial, and unbiased court. Furthermore, the trial should occur without undue delay. This means neither the prosecutor nor public opinion can issue a verdict. It is solely the court's prerogative, which makes a decision after reviewing the presented evidence.
Anyone involved in criminal proceedings should be aware of the rights and obligations of the accused. The list of rights is significantly longer than the list of obligations. The latter is communicated to the accused by their lawyer, which is why it is advisable to seek legal assistance.
Lawyers often face the question of what happens if an accused fails to appear in court. Theoretically, participation in a criminal trial is a right, not an obligation of the accused. However, several important considerations should be noted. Firstly, even if the accused does not appear at the hearing but has been duly notified, the court will proceed with the case. Additionally, in certain situations, the court may deem the presence of the accused mandatory. However, a clear, separate procedural decision must be issued beforehand. If the accused still fails to appear at the hearing, the court may detain and forcibly bring them to court. Therefore, every court summons should be read carefully. This rule does not apply to the most serious crimes, which criminal law classifies as felonies. In such cases, the presence of the accused at the hearing is mandatory.
One of the main obligations of the accused is to comply with procedural rules. This term is general and encompasses several additional obligations, such as:
Thus, the accused must not in any way hinder the proceedings, and if they do, the court may employ coercive measures. However, refusal to testify or answer specific questions is not considered obstruction. This is one of the rights of the accused, of which they should be informed before the commencement of questioning.
Criminal proceedings are associated with significant stress and uncertainty, and awareness of one's rights helps navigate them. At every stage of the proceedings, the accused may seek the assistance of a lawyer who will represent their interests.
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