Summer 2004 issue

ASSISTING THOSE ACCUSED OF CRIMES

ACS can also provide assistance to American citizens who come into contact with the Polish criminal justice system when they are accused or convicted of a crime.

If you are accused of a crime in Poland, you have the right to contact the U.S. Embassy. The 1972 Consular Treaty between the U.S. and Poland requires Polish authorities to inform the Embassy within 72 hours of the arrest of an American citizen. If you have dual nationality, the Poles can claim that you are their citizen and consular notification does not oblige them, but in general they do advise the Embassy. A consular officer will talk to you, find out whom you want us to contact, and will come to visit you at this initial stage. He can provide you with a list of attorneys and speak with police or prison authorities (if you have been temporarily detained) on your behalf.

The role of the consular officer is to see that you are treated fairly and in accordance with Polish law, not to plead your case. The consular officer cannot be your defense lawyer; you can and should hire an attorney. Polish law requires a court to appoint an attorney for you if you are a minor, deaf, mute, blind or illiterate, or do not speak Polish. Persons who cannot afford an attorney can ask the court for one. Please note that the consular officer cannot require that you be released from jail nor that you be treated differently than other prisoners. Once you are the suspect in a crime, even before you are formally indicted, you must pursue your cause through the Polish criminal justice system in which, in its preliminary stages, the prosecutor has broad powers. The consular officer can be a liaison with the outside world, but he does not take a position as to your guilt or innocence.
If you are arrested by the police, you can be detained for up to forty-eight hours. After that time, you must be brought before a court, which then has twenty-four more hours to decide whether or not you can be put under temporary arrest. A court can order you to be temporarily arrested for up to three months. This term is extendable, but you must be brought before a court at least every three months before the term is extended.

An Embassy officer can attend your trial, but he cannot make any presentations to the court. Your guilt or innocence will be determined according to Polish judicial procedures. Most cases begin in sądy rejonowe, although Polish law requires that certain criminal cases actually be tried first in a sąd okręgowy. With certain exceptions, most convictions can be appealed only once.

American consular officers usually visit incarcerated Americans in Poland every three months. Prisoners are entitled to correspond with the consular officer as frequently as they desire, but consular officers cannot ask that American inmates be treated any differently from other prisoners.

To contact ACS, call (22) 504-2784. After hours, you can always reach a duty officer by calling the general Embassy switchboard ((22) 504-2000), pressing “0” and talking to the Marine Guard who answers.

IN THIS ISSUE:

Welcome to our Readers || All Visa Applicants To Be Fingerscanned || A Note to Tourists || 2004 Elections Swiftly Approaching || Windfall Elimination Provision || ASSISTING VICTIMS OF CRIME IN POLAND || ASSISTING THOSE ACCUSED OF CRIMES || VISA REFUSALS AND AMERICAN CITIZEN SERVICES || The Diversity Visa Program || Work And Travel Program Brings Polish Students To the United States || How Can I Get Answers To My Consular Questions?