Zagrożenie karą jako przesłanka stosowania tymczasowego aresztowania
The penalty provided for the alleged offense as a prerequisite for ordering of detention on remand

Summary/Abstract: Article 258 § 2 of the Polish Code of Criminal Procedure specifies the prerequisite for ordering of detention on remand referring to the penalty provided for the alleged offense. Prima facie, due to the aforementioned provision, the high upper limit of the provided penalty has been recognized by the legislator as an autonomous premise for the application of a preventive measure of an isolation nature. This way of interpreting the abovementioned provision is used in court decisions, which in the justifications of their judgments repeatedly pointed to the autonomy of this premise and the implied presumption of threat of subterfuge or escape. The considerations presented in this paper contain a critical analysis of the penalty provided for the alleged offense as a prerequisite for ordering of detention on remand conducted from the perspective of substantive criminal law and constitutional law.

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