Our Approach to Criminal Defence
Criminal defence in Poland demands more than legal knowledge — it demands experience, strategic thinking, and an unwillingness to accept outcomes that should not stand. At Kancelaria Adwokacka Gołębiewski, we treat every case as winnable until the evidence makes that impossible. We enter every proceeding with the certainty that our client is entitled to the strongest possible defence — and we deliver it.
We appear regularly before the District Courts (sądy rejonowe), Regional Courts (sądy okręgowe), Appellate Courts (sądy apelacyjne), and the Supreme Court (Sąd Najwyższy). For cases involving international dimensions — foreign clients, evidence gathered abroad, or conduct occurring in multiple jurisdictions — we have unmatched experience and a network of international co-counsel.
Types of Cases We Handle
Serious and Violent Crimes
We represent clients accused of serious crimes under the Polish Penal Code (Kodeks karny), including homicide and manslaughter, serious bodily harm, robbery and armed robbery, kidnapping and unlawful deprivation of liberty, and sexual offences. In such cases, the stakes are at their highest — custodial sentences can run to decades — and the difference between an adequate defence and an excellent one can be measured in years of a person's life.
White-Collar and Economic Crime
Economic criminal proceedings in Poland are complex, document-heavy, and can drag on for years. Our attorneys have extensive experience defending clients facing charges under both the Polish Penal Code and the Fiscal Penal Code (Kodeks karny skarbowy), including:
- Fraud (oszustwo) and aggravated fraud
- Embezzlement and misappropriation
- Money laundering (pranie pieniędzy)
- VAT fraud and tax evasion
- Bribery and corruption — both private and public sector
- Securities law violations and market manipulation
- Insolvency and company management offences
- Customs and excise offences
Cybercrime
Polish and EU law on cybercrime is evolving rapidly. We defend clients facing charges related to unauthorised access to computer systems, distribution of malware, online fraud, identity theft, and offences under the Polish Act on the Protection of Personal Data. We work with technical experts to challenge digital evidence and identify procedural errors in its collection.
Drug Offences
The Polish Act on Counteracting Drug Addiction (Ustawa o przeciwdziałaniu narkomanii) sets out a range of offences with significant custodial penalties. We regularly defend clients accused of drug possession, trafficking, and supply — both domestic matters and cross-border cases involving drugs transported through multiple jurisdictions.
Representing Foreign Nationals in Poland
Foreign nationals arrested or prosecuted in Poland face particular challenges: language barriers, unfamiliarity with Polish legal procedure, distance from family and support networks, and — often — the absence of any meaningful connection to the Polish legal system that might support bail applications. We provide comprehensive representation for foreign nationals in Poland, including:
- Immediate assistance at the point of arrest — we appear at police stations within hours
- Challenging pre-trial detention and applying for release or alternative measures
- Liaison with embassies and consular services
- Coordination with the defendant's home-country counsel
- Full trial representation and appeals
- Assistance with transfer of sentenced persons applications
Your Rights Under Polish Criminal Law
Under the Polish Code of Criminal Procedure (Kodeks postępowania karnego), every suspect and accused person has the following fundamental rights:
- The right to remain silent — you are not obliged to testify against yourself and cannot be penalised for exercising this right
- The right to a defence attorney — from the first moment of detention, and at state expense if you cannot afford one
- The right to be informed of the charges — in a language you understand
- The right to an interpreter — free of charge if you do not speak Polish
- The right to consular access — foreign nationals have the right to contact their embassy or consulate
- The right to appeal — against detention orders, procedural decisions, and the final judgment
These rights exist in theory. Our job is to ensure they are exercised in practice.
Pre-Trial Detention — Our Aggressive Challenge Strategy
Poland has one of the highest rates of pre-trial detention (areszt tymczasowy) in the European Union. Polish prosecutors routinely apply for detention on the grounds of risk of flight, risk of interference with evidence, or the "serious nature" of the alleged offence. Courts grant these applications at an alarmingly high rate.
We challenge every pre-trial detention application vigorously. Our strategy typically involves:
- Demonstrating the weakness of the evidence at the pre-trial stage
- Presenting counter-evidence of community ties, family circumstances, and employment
- Proposing concrete alternative measures (bail, electronic tagging, travel document surrender)
- Appealing detention orders — the appellate court can and does reverse lower court decisions
- Applying for review of detention every three months (as required by Polish law) and each time circumstances change
The Appellate Process
A conviction at first instance is not the end of the road. The Polish appeal system provides genuine de novo review of both law and fact at appellate level. We handle a significant number of appeal cases — both cases we managed at first instance and cases where clients come to us dissatisfied with their previous counsel's performance. We also handle cassation appeals to the Supreme Court and — where applicable — applications to the European Court of Human Rights in Strasbourg.