Poland will offer more criminal justice deals
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The Polish government approved a draft law to increase the use of agreements between parties in criminal cases.
Arkadiusz Myrcha, Deputy Minister of Justice, explained the government will more often seek agreements in clear-cut cases, with the principle that faster cooperation from the accused, including repairing damage and seeking a settlement, will lead to quicker resolution and benefit victims. Currently, consensual resolutions account for 25 percent of all convictions.
The new law introduces a process to drop cases when a suspect and victim reach an agreement during the investigation, but this will be limited to less serious crimes. These include property crimes valued at up to 20,000 złoty (approximately $5,000 USD), unintentional harm, and minor traffic accidents. To qualify, the suspect must have no prior convictions for intentional crimes and must make amends for any damages.
Prosecutors may also require a payment to the state treasury, ranging from 1,000 to 20,000 złoty. The draft also allows for the dismissal of minor offenses when no victim exists, such as minor forgery or false documentation. In these cases, the suspect must also have no prior intentional convictions, and the circumstances must be clear, along with a payment to the state treasury.
The government also intends to make it easier for defendants to voluntarily accept a punishment agreed upon with the prosecutor, even if the prosecutor is not present in court. Silence from the prosecutor will now be considered consent to the voluntary submission to punishment, addressing a procedural issue that arose from changes in 2015. The Ministry of Justice expects these changes to allow courts and prosecutors to focus on more serious crimes.
