Abstract

The practice of using and extending pre-trial detention basing on a specific rationale of Art. 258 & 2 of the Code of Criminal Proceedings arouses serious objections since it is abused as indicated unequivocally by international case-law. Poland permanently loses so-called “detention cases” at the Court in Strasbourg, which should evoke reflection and critical analysis also as regards applicable regulations. This issue is discussed in the publication presenting a view that the provision of Art. 258 & 2 of the Code of Criminal Proceedings is redundant owing to its general character which allows its present interpretation based on a presumption that the very fact that the offence is subject to severe punishment in itself gives rise to an abstract danger of obstructing justice by the defendant.