Polish Law and Legal System
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Abstract
Abstract
This article examines the draft bill of 7 January 2025 prepared by the Criminal Law Codification Commission, amending the Code of Criminal Procedure and certain other acts, the principal objective of which is to introduce electronic arrest as a new preventive measure. The draft assumes that the purpose of introducing electronic arrest is to reduce the scale of the use of pre-trial detention. The discussion in this article attempts to assess the legitimacy and effectiveness of the proposed solutions in the context of the stated objective. The article provides a brief overview of the development of electronic arrest and electronic monitoring in Poland and selected foreign jurisdictions, followed by a discussion of the draft bill. The assessment takes into account the findings of legal scholarship regarding the causes of the prolonged use of pre-trial detention and verifies the drafters' assumptions concerning the impact of adopting electronic arrest on the scale of pre-trial detention.
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@article{Szwarc2026Areszt,
title = {Areszt elektroniczny a ograniczenie skali stosowania tymczasowego aresztowania},
author = {Karolina Szwarc},
journal = {PRAWO i WIĘŹ},
year = {2026},
doi = {10.36128/5ys1r121},
url = {https://doi.org/10.36128/5ys1r121}
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