Poland Proposes Allowing Social Groups to Appeal Dropped Criminal Cases

Poland's Ministry of Justice is seeking to amend criminal procedure law to grant social organizations the right to appeal decisions that discontinue criminal investigations. Currently, while these organizations can challenge a refusal to initiate proceedings, they lack the standing to appeal when an investigation is later closed.

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The lack of this right is not sufficiently justified and is questionable from an axiological point of view. Deficiencies in criminal procedure in the discussed area are cyclically signaled.

Legal experts have noted this inconsistency, often attributing it to legislative oversights. The Ministry argues that this gap lacks sufficient justification and is questionable from an ethical standpoint. The proposed change, which would amend Article 306 § 1a, point 2 of the Code of Criminal Procedure, aims to rectify this by allowing organizations that file criminal complaints to contest decisions to discontinue preliminary investigations.

This move is considered significant because victims of crimes may sometimes avoid participating in legal processes due to costs, potential stigmatization, or fear of secondary victimization. In such cases, social organizations that initially report the crime play a crucial role in initiating proceedings. The Ministry believes empowering these organizations to appeal discontinuations is vital for ensuring accountability and thoroughness in the justice system.

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The lack of the possibility to challenge the prosecutor's decision to discontinue proceedings consequently excludes any social oversight over the prosecutor's work.

Human rights advocates support the proposed amendment. Marcin Wolny from the Helsinki Foundation for Human Rights stated that the current lack of appeal options for discontinued investigations effectively eliminates social oversight of prosecutorial work. He highlighted that access to case files for concluded investigations also requires prosecutorial consent, further obscuring the process. Wolny pointed to past instances where organizations successfully appealed refusals to initiate investigations, emphasizing the need for continued scrutiny of prosecutorial conduct for fairness and impartiality.

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In the past, it happened that a foundation reported a crime, and refusals to initiate proceedings were successfully appealed. However, due to the current regulations, it no longer had the right to challenge the prosecutor's decisions to discontinue the preliminary investigation.