WILIŃSKI LEGAL
Criminal defence often begins before a case reaches court. An arrest, search, first interview or pre-trial detention hearing may require immediate legal advice.
We conduct criminal, economic-crime and cross-border defence from the first action by law-enforcement authorities through enforcement proceedings.
Practice leadership
Advocate and mediator Tomasz Wiliński handles criminal, economic and international proceedings, including pre-trial detention, allegations involving businesses, European Arrest Warrants and extradition.
He advises on the available procedural options and prepares the defence in light of the evidence, the client's position and the applicable law.
Tomasz Wiliński, a Warsaw Bar attorney, has represented Polish nationals detained in Belarus and Belarusian equestrian Olga Safronova. His work on allegations concerning members of the Belarusian authorities was reported by Polish and international media in 2021–2022. These are documented professional activities, not claims of court victories or endorsement by the publishers.
A communication concerning alleged international crimes was submitted to the Office of the Prosecutor of the International Criminal Court in early 2022. Registration or receipt of such a communication does not, in itself, mean that the Prosecutor opened an investigation or that the allegations were proved.
When you need a defence lawyer
The first hours can affect the entire course of the case. A lawyer helps assess the situation before explanations are given and before further procedural steps are taken.
It is worth establishing in advance your procedural status, the scope of risk and the strategy regarding explanations or testimony.
We prepare the arguments, propose alternative preventive measures and conduct the defence at the detention hearing.
European Arrest Warrants, extradition, international wanted notices and proceedings requiring coordination between states.
Assistance during questioning, searches and other actions requiring an immediate response.
Detention hearings, appeals and applications to revoke or replace the preventive measure.
Matters involving entrepreneurs, management boards and executives concerning commercial transactions, abuse, fraud and business decisions.
Tax and accounting matters involving fiscal-criminal liability of individuals and company governing bodies.
Defence in proceedings concerning surrender, international searches and enforcement of foreign judgments.
Postponement or interruption of imprisonment, electronic monitoring, conditional release and other enforcement matters.
How we work
We establish what is actually known and identify the decisions that must be made next.
We analyse the material available, identify gaps and risks, and determine what action is needed.
We decide whether and when giving explanations serves the client's interests.
Applications and procedural steps are prepared according to the circumstances of the individual case.
Clients are informed about upcoming hearings, procedural deadlines and available remedies.
No. The decision should follow from the procedural situation and knowledge of the evidence. Silence can be a deliberate element of the defence rather than a sign that there are no arguments.
In certain situations, a close person may take steps to establish contact with a defence lawyer, who then acts in accordance with the applicable provisions.
No. Pre-trial detention is a preventive measure, not a judgment or punishment. Its use requires the statutory conditions to be met.
Depending on the case, it is possible to seek non-custodial measures such as bail, police supervision, a prohibition on leaving the country or other safeguards.
Insights
Criminal law
What really matters before the case reaches court.
Defence
Why the assumption that “I will explain everything and the case will be over” is often a bad one.
Detention
What this measure is and which arguments may matter when it is assessed.
A concise, source-based guide for international clients, family members and foreign lawyers dealing with arrest and EAW surrender proceedings in Poland.
An arrest based on a European Arrest Warrant (EAW) does not automatically mean immediate transfer to the requesting Member State. The Polish judicial authorities examine the request under the Polish Code of Criminal Procedure and relevant European Union law. The first practical steps are to identify the issuing state, determine whether the EAW concerns prosecution or execution of a sentence, obtain the underlying judicial documents and check the scheduled hearing. Early legal advice is particularly important where the person is unfamiliar with Polish criminal procedure or does not speak Polish.
A European Arrest Warrant is a specific judicial cooperation mechanism used between EU Member States. Traditional extradition typically concerns different legal arrangements, particularly requests involving non-EU countries. Although both may involve transferring a person to another jurisdiction, the applicable procedures, deadlines, grounds for refusal and guarantees are not identical. A lawyer should first establish which legal mechanism is actually being used rather than applying general advice about extradition to every arrest.
A person subject to EAW proceedings has procedural rights, including access to defence counsel under the applicable law. Effective representation requires examining the warrant, assessing the legal basis of detention and preparing a reasoned position for the competent court. If the proceedings involve documents in Polish that the requested person cannot understand, translation and interpretation issues should be raised promptly. In many matters it is useful for defence lawyers in the issuing state and Poland to coordinate factual and procedural information.
Execution is not completely automatic. EU and Polish law provide mandatory and optional grounds for refusal and safeguards connected with fundamental rights. However, a general allegation of unfairness abroad is rarely enough. The defence must connect a particular statutory ground or fundamental-rights concern with reliable evidence about the proceedings or the requested person's position. The circumstances of a conviction handed down in absentia, prior proceedings or other obstacles can require focused examination.
Not necessarily. Consent may affect the procedural course of the case, but it should be considered separately from any decision connected with the rule of speciality, which can limit prosecution for certain earlier offences after surrender. The legal effect of each declaration matters. Before making a statement at a hearing, the requested person should understand the consequences and discuss them with a lawyer who has reviewed the case documents.
The competent court may consider pre-trial detention in the surrender proceedings. The necessity of the measure and any possible less restrictive options must be assessed against the relevant legal framework and the facts. Employment, family ties, established residence and other circumstances may form part of the factual picture, but none of them automatically rules out detention. An application for a less restrictive measure needs a legally grounded and factually supported argument.
A Polish safe-conduct arrangement, commonly called a list żelazny, is a separate mechanism under Polish criminal procedure. Filing an application for it does not automatically cancel a European Arrest Warrant or guarantee that a person will not be arrested abroad. Any strategy involving travel to Poland, surrender or the withdrawal of an EAW requires an up-to-date review of judicial orders and the authority responsible for issuing the warrant.
Important materials include the EAW itself, the relevant arrest warrant or conviction, proof of service or notification, hearing records, information about previous defence representation and correspondence with the issuing court or prosecutor. Other documentation, for example relating to residence, family situation or health, may be relevant if it supports a legally recognised argument. Supplying a large unsorted set of documents is less helpful than presenting a clear chronology linked to specific legal issues.
The key instruments include Council Framework Decision 2002/584/JHA on the European Arrest Warrant and the provisions of Chapter 65b of the Polish Code of Criminal Procedure governing execution of warrants issued by other EU states. Applicable EU Court of Justice case law and human-rights guarantees may also be relevant. Since procedures differ according to the issuing country, the purpose of the warrant and the stage of proceedings, generic online guidance cannot replace an individual assessment.
An initial enquiry should specify the country that issued the warrant, the city and place of detention, the court or prosecutor involved if known, and the earliest scheduled deadline. Sensitive case papers should be transferred through an appropriately secure channel and only after appropriate arrangements with counsel. The firm handles international criminal law issues; the responsible lawyer and terms of engagement must be confirmed before representation begins.
For a Polish-language analysis of the procedure, see the links below. Publications explain the legal framework but cannot predict the decision of any court.
EAW and extradition: Warsaw criminal defence practiceArrest under a European Arrest Warrant: full Polish guideTomasz Wiliński — attorney and verified professional credentialsContact WILIŃSKI LEGALCouncil Framework Decision 2002/584/JHA (EUR-Lex)For an urgent matter, call us. If you need an analysis or a second opinion, use the online consultation.