Suspicion of participation in an organized crime group as a reason for temporary arrest in Poland

Abstract

In the jurisprudence of Polish criminal courts, it is accepted that the high probability of participation in an organized criminal group determines the existence of the so-called fear of procedural criminal collusion, as grounds for applying pre-trial detention. The firmness of this position is treated as not fully justified. From a certain perspective, this creates a dissonance with the view adopted by the Polish Supreme Cour. But not only the authority of the Supreme Court should lead to reflection on the firm thesis that the mere suspicion or accusation of functioning in a criminal group justifies the discussed fear. However, this article does not, however, pretend to exhaustively discuss these issues, but only emphasizes possible doubts.