Lack of Judicial Justice: The Practice of Polish Courts in Misdemeanor Cases

Abstract

This article describes the results of a case-file study conducted by a research team examining the practices of Polish courts in misdemeanor cases. In 1997, the Constitution of the Republic of Poland required the legislature to refer cases involving prohibited acts causing minor social harm to the courts for adjudication, which was intended to guarantee citizens the right to a fair trial (Article 45, paragraph 1) and to implement human rights protections crucial to Poland’s accession to European institutions. The study was based on an analysis of randomly selected case files provided by 43 district courts throughout the Republic of Poland. A total of 464 case files involving misdemeanors and fiscal offenses were obtained for analysis; in these cases, a motion for punishment (or an indictment, or another document initiating proceedings) was filed with the court in 2019. The research provided a description of the practices of the common courts in misdemeanor cases, which clearly contradict the fundamental principles of the constitutional framework. Courts in Poland are clearly abusing the institution of the so-called penal order—that is, judgments finding guilt—which almost always occur contrary to the literal wording of the provisions stating that a penal order may be issued only when the guilt and circumstances of the act are beyond doubt. Such judgments are rendered in closed session and, in the overwhelming majority of cases, become final due to the failure to file objections within the prescribed time limit. This practice stems from the burden placed on criminal courts by such “minor” cases and the desire to adjudicate them quickly and without undue delay. This violates citizens’ constitutional guarantees and often results in the issuance of unjust rulings.