Nadmierne stosowanie tymczasowego aresztowania w orzecznictwie ETPCz w sprawach przeciwko Polsce
Excessive length of pre-trial detention in the case law of the ECtHR in cases against Poland

Summary/Abstract: Since 2007, the excessive length of pre-trial detention in Poland has been considered a systemic problem. This can be supported by the large number of ECtHR rulings issued in cases against Poland for violations of Article 5(3) of the ECHR. The content of the rulings reveals the established practice of national authorities with regard to the prolongation of pre-trial detention, but also allows to draw conclusions about the applicable criminal procedural legislation. The purpose of the article is to reconstruct the reasons for the excessive length of pre-trial detention in Poland from the content of the ECtHR rulings issued in cases against Poland, and to interpret the problem of excessive detention in light of the current legislation regulating the isolationist preventive measure. The conclusions formulated refer not only to the current legal system, but also to the proposed amendments to the criminal procedural regulations providing for pre-trial detention.

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