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Extradition & European Arrest Warrant Defence

Challenging extradition requests and European Arrest Warrants requires specialist knowledge, speed, and strategic command of both Polish constitutional law and international treaty obligations.

⚖ Okręgowa Rada Adwokacka w Warszawie 🏛 European Criminal Bar Association 🎓 University of Warsaw, Faculty of Law ⏱ 20+ Years of Practice 🇳🇴 Norwegian Cases Specialist

What Is Extradition?

Extradition is the formal legal process by which one state surrenders a person to another state for prosecution or to serve a sentence already imposed. Poland is party to numerous bilateral and multilateral extradition treaties, including the European Convention on Extradition 1957 — and, within the European Union, the European Arrest Warrant (EAW) framework, which operates on a faster, court-to-court basis.

Extradition proceedings in Poland demand immediate, specialist legal intervention. Deadlines are strict, hearings are convened rapidly, and the quality of counsel at the earliest stage is determinative. We do not observe from the sidelines — we act the moment we receive instructions.

The European Arrest Warrant (EAW)

The European Arrest Warrant, introduced by Council Framework Decision 2002/584/JHA and implemented in Polish law principally through Articles 607a–607zc of the Polish Code of Criminal Procedure, replaced traditional extradition between EU member states. It operates on the principle of mutual recognition: a judicial authority in one EU state issues a warrant; the judicial authority in the executing state must, in principle, surrender the person swiftly.

Important: The European Arrest Warrant applies exclusively between EU member states. Norway, the United Kingdom (post-Brexit), Switzerland, and other non-EU European countries are not covered by the EAW. If you are in Norway or the UK, a different legal framework governs your case — see our Norway Cases page.

EAW Timelines and Procedures

Upon arrest under an EAW in Poland, a hearing before the regional court (sąd okręgowy) must take place within 48 hours. The court then has:

  • 60 days from arrest to issue its surrender decision if the person does not consent to surrender
  • 10 days if the person consents

These timelines are strict. Appeals against surrender decisions are heard by the appellate court (sąd apelacyjny). A further cassation to the Supreme Court is possible in limited circumstances.

Polish Constitutional Protections Under the EAW

Article 55 of the Polish Constitution was amended in 2006 specifically to permit surrender of Polish citizens under the EAW framework — resolving a constitutional conflict that had arisen following Poland's EU accession. However, significant protections remain:

  • Courts may refuse surrender if the conduct does not constitute a criminal offence under Polish law (the dual criminality requirement applies to offences outside the 32 EAW categories)
  • Surrender may be refused if the penalty is disproportionate, or if the person was a minor at the time of the offence
  • Surrender of Polish citizens for offences partly committed in Poland may be refused
  • Human rights grounds (Article 3 ECHR — risk of torture or inhuman treatment — and Article 6 ECHR — fair trial rights) are increasingly available defences

Traditional Extradition (Non-EU States)

For extradition requests from states outside the European Union — including Norway, the United States, Canada, Australia, or any non-EU state — the traditional extradition treaty framework applies. The critical distinction from the EAW is significant:

Polish citizens cannot be extradited to non-EU countries. Article 55(1) of the Polish Constitution expressly prohibits the extradition of Polish nationals to states other than EU member states. This is an absolute constitutional protection and cannot be overridden by statute or treaty.

For foreign nationals (non-Polish citizens), extradition to non-EU states is governed primarily by:

  • The European Convention on Extradition 1957 (Council of Europe) and its Additional Protocols
  • Bilateral extradition treaties — Poland has bilateral treaties with, inter alia, the United States, Australia, and several non-European states
  • The Polish Code of Criminal Procedure, Chapter 65 (Articles 593–607)

Requirements for Traditional Extradition

Traditional extradition requests submitted to Poland must satisfy a number of conditions, any one of which may provide grounds for refusal:

  • Dual criminality: the conduct must constitute a criminal offence under both Polish law and the law of the requesting state
  • Minimum sentence threshold: generally one year's imprisonment for prosecution requests; four months for enforcement requests
  • Specialty principle: the person can only be tried for the specific offences identified in the request
  • Statute of limitations: the offence must not be time-barred under either jurisdiction
  • Ne bis in idem: the person cannot have already been tried for the same offence
  • Political offence exception: extradition will be refused for political offences (narrowly defined)
  • Human rights: extradition will be refused if there is a real risk of torture, persecution, or unfair trial

How We Challenge Extradition

Our approach is relentless and comprehensive. We examine every aspect of the legal basis for the request and deploy every available defence without hesitation. We are not in the business of accepting outcomes that should not stand. Our most effective strategies have included:

  • Challenging formal and procedural defects in the warrant or extradition request
  • Invoking the constitutional prohibition on extradition of Polish citizens
  • Demonstrating that double criminality is not satisfied
  • Applying European Court of Human Rights jurisprudence — particularly where prison conditions in the requesting state or fair trial concerns arise
  • Raising the ne bis in idem principle where proceedings have already occurred
  • Challenging the proportionality of surrender (relevant under EAW for minor or historic offences)
  • Seeking alternative measures — bail, electronic tagging, surrender of travel documents — to avoid or defer detention pending proceedings
  • Negotiating directly with prosecutors in requesting states to resolve underlying matters without surrender

Emergency Assistance

If you or a family member has been arrested under a European Arrest Warrant or is subject to extradition proceedings in Poland, immediate action is required. Call our emergency line day or night. We appear in court at short notice and can often prevent remand in custody at the initial hearing if instructed in time.

Frequently Asked Questions

Extradition — Your Questions Answered

It depends on which country is requesting extradition. To EU member states: yes — Polish citizens can be surrendered under the European Arrest Warrant framework (Article 55(4) of the Polish Constitution), but with judicial oversight and available defences. To non-EU countries (including Norway, the USA, Canada): no — Article 55(1) of the Polish Constitution expressly prohibits the extradition of Polish nationals to non-EU states. This is an absolute constitutional protection.

Within 48 hours of arrest, the person must be brought before the regional court (sąd okręgowy). The court will consider whether to place the person in custody and will schedule a surrender hearing. If the person does not consent to surrender, the court has up to 60 days to issue its decision. An appeal may be filed with the appellate court. Throughout this period, it is vital to have a specialist defence attorney who can challenge the warrant and apply for alternative measures to detention.

Polish courts may refuse to execute a European Arrest Warrant on a number of grounds, including: the offence is not criminalised under Polish law (for offences outside the mandatory 32 EAW categories); the person has already been finally judged for the same conduct (ne bis in idem); the conduct occurred in Poland (territoriality exception); the person was under criminal age of responsibility at the time; the offence is time-barred under Polish law; or surrender would violate fundamental rights, in particular Articles 3 or 6 of the European Convention on Human Rights. Proportionality has also been recognised as a ground by European courts.

No. The European Arrest Warrant is a framework that applies exclusively between EU member states. Norway, despite being a Schengen Area member and closely integrated with the EU, is not an EU member state. As a result, extradition between Poland and Norway is governed by the European Convention on Extradition 1957, bilateral agreements, and Polish constitutional law — including the absolute prohibition on extradition of Polish citizens to non-EU countries.

EAW cases have statutory time limits: a decision must be issued within 60 days of arrest (or 10 days if the person consents to surrender). Appeals extend this. Traditional extradition cases take considerably longer — often 6–18 months or more at the court stage, excluding the initial diplomatic and prosecutorial phases. In practice, effective legal challenges can significantly delay proceedings and in many cases result in the withdrawal or dismissal of the request. We will give you a realistic assessment of timelines at our initial consultation.

Yes, in many cases. Polish courts have the discretion to impose alternative measures to pre-trial detention, including bail (financial security), electronic monitoring, surrender of travel documents, and a requirement to report regularly to police. We routinely make applications for alternative measures in extradition cases. The strength of such an application depends on factors such as ties to Poland, family circumstances, employment, and the nature of the underlying allegations. We assess this at the initial consultation.

Act Now

Do Not Face Extradition Alone

Every hour matters in extradition proceedings. Contact us now for a free, confidential consultation with one of our specialists.

Book a Consultation Emergency: +48 601 234 567