Pre-trial investigation and criminal proceedings

Assistance available for the victim during the criminal procedure

During pre-trial investigation and criminal proceedings, presumed victims of trafficking are able to join the assistance and support services that they were granted immediately after the identification. Assistance is provided through the cooperation of various institutions, such as KCIK, social services, and non-governmental organisations. The support related to protection and security, such as police surveillance, identity concealment, and protection warranty from retaliation by traffickers, is guaranteed by law enforcement authorities.

In addition, victims participating in the criminal proceedings have the right to receive free medical, psychological, rehabilitative, legal, and material assistance from the Assistance Network for Victims of Crime based on the Executive Penal Code (Article 43 § 8(1)). The persons closest to the victim are also granted this right. 

More specifically, during criminal proceedings, victims have the right to:

  • Participate in hearings
  • Submit new testimonies and ask questions in court
  • Have a hearing through the video link
  • Have access to the case file
  • Be provided with legal assistance by an attorney or a court-appointed public defender 
  • Have an interpreter, if necessary 
  • Have the designated persons participate in the trial
  • Be provided with psychological support
  • Have their data anonymised 
  • Information
  • Receive security measures

The victim must be fully aware of their rights and obligations before they have to participate in criminal proceedings. Victims should be informed about what they can expect during and after the criminal proceedings, including the potential risks arising from victims testifying against their traffickers. Information about what victims can do and receive comprises:

  • Ways for the victim to participate in the proceedings or express their views
  • Ways in which they can obtain protection and ensure their safety
  • Ways to access victim support services 
  • Ways of receiving compensation or reimbursement
  • Ways to receive further information, clarification, and assistance

Trafficking in human beings is an ex officio prosecutable crime. In practice, this means that the victim may act as an auxiliary prosecutor during the criminal proceedings. The auxiliary prosecutor may be present during the interrogation of defendants and witnesses regardless of whether they have already testified, ask questions of defendants and witnesses, file motions for evidence, and file appeals against court rulings. They may also appoint an attorney to represent their interests. 

Protection of the victim during the criminal procedure

During the criminal procedure, victims can receive additional protection from the Polish police. The protection measures can include:

  • Protection during procedural activities
  • Personal protection
  • Assistance in relocation.

To ensure that the victim feels safe and is able to express themselves freely, interrogations are conducted in suitably adapted premises. Depending on the circumstances, the interrogation room can be located at the seat of the court or outside of it.

If the victim participating in the criminal process has to or wishes to leave Poland before the court proceedings, they can testify in court at the pre-trial investigation phases, as mentioned in the Code of Criminal Procedure. Furthermore, the Code of Criminal Procedure can be used to allow the victim to testify via video link from their place of residence. This approach ensures the victim’s safety and reduces the costs of their stay in Poland.

If a citizen of Poland stays abroad, they may be interviewed by a consul. The interrogation can only take place upon the victim’s consent. 

Children

Child victims participating in court proceedings receive additional protection. The interrogation of victims and witnesses under the age of 15 is regulated in the Code of Criminal Procedure (Article 185).

Child victims without legal guardians have a legal representative appointed. The appointment of the legal representative should take place as soon as possible, even before the decision is made to initiate criminal proceedings. This is necessary to guarantee the child victim adequate representation for the purposes of procedural activities. 

During the criminal process, child victims who are under the age of 15 should be interviewed only once. The interview should take place in a child-friendly interrogation room, in the so-called judge’s room, or the “Blue Room”. The latter is designed to be a friendly interrogation room and consists of two rooms divided by a Venetian mirror:

  • An interrogation room intended for the person being interrogated, the interrogator, and if necessary, a psychologist or an interpreter
  • A technical room for parties, representatives, and other authorised persons.

The Court conducts the hearing. The public prosecutor, defence counsel,and attorney have the right to participate in the interrogation of the victim. The legal representative or the person under whose permanent custody the victim remains, and an adult indicated by the victim, can also be present, if this does not limit the victim’s freedom of expression. The authority conducting the interrogation decides whether these people can stay in the technical room or remain in the waiting room. 

It is obligatory to make a video and audio recording of the interview and to read out the minutes of the interview, which the minor witness does not have to sign. During the hearing, the court also takes into account the wishes of the child if it deems that they are in the best interests of the minor. 

There are protection measures available also to minor witnesses who are at least 15 years old. In particular, the interrogation should be carried out through videoconferencing if there is a reason to believe that the direct presence of the accused at the hearing would confuse the testimony of the minor witness or adversely affect their mental condition. 

Receiving compensation

The victim is informed about the right to compensation and the legal procedures involved during the criminal proceedings. Victims are entitled to compensation and reparation.

Compensation for the damage suffered can be awarded for both physical injury and moral suffering. Compensation can be obtained from the perpetrator(s) through criminal and civil proceedings and/or from the State through the Justice Fund. The claim should be submitted by the victim or their legal representative to the competent court.

The Justice Fund provides immediate and free emergency assistance to the victims, witnesses, and their relatives. A list of assistance facilities of the Justice Fund can be found at https://www.funduszsprawiedliwosci.gov.pl/pl/znajdz-osrodek-pomocy. In addition, the Justice Fund operates a 24-hour Victim Support Line at +48 222 309 900. It offers assistance in English, Russian, and Ukrainian.

The victim may also apply to the court for compensation under the terms of the Act on “State Compensation to Victims of Certain Criminal Acts.” This type of compensation covers lost earnings or other means of subsistence, costs related to medical treatment and rehabilitation, and funeral expenses. An application can be submitted only if funds cannot be obtained from the offender, from insurance, or from social assistance. 

The victim (or the public prosecutor) may submit a request for reparation for damage before the court proceedings have been concluded. The request may be submitted in writing or orally. Prosecutors are obliged to determine the suspects’ assets to secure the obligation to compensate for damage.

In addition, the court is authorised to award compensation or damages ex officio in the event of a conviction for any offence resulting in damage or harm.