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Dęmski Mirosław, adwokat
Augustów, Poland

Founded in 2010
1 person in their team
English
Dęmski Mirosław, adwokat is a solo law practice in Augustów led by attorney Mirosław Dęmski. The practice assists individual clients and businesses in civil, family, criminal, and administrative matters, with work involving property, inheritance, and compensation claims.Its services include...
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What happens in an extradition case in Augustów?

Extradition cases in Augustów follow Polish national law. The process depends on whether another EU country seeks a person’s surrender under a European Arrest Warrant (EAW), or a non-EU country requests extradition under a treaty or other legal arrangement.

A case may begin with an arrest or a police check while someone is travelling through the Augustów area. Police and prosecutors may take initial steps locally, but the court with legal jurisdiction handles the judicial stage. Depending on the case, proceedings may require travel to Suwałki or another court.

A lawyer can check the warrant or request, explain the allegations and deadlines, and argue against detention or surrender where the law allows. The relevant issues can include identity, procedural safeguards, limitation periods, previous proceedings, and whether the alleged conduct meets legal requirements.

When you may need an extradition lawyer

  • You are arrested in Augustów on a European Arrest Warrant. A lawyer can explain the hearing, the allegations, and the consequences of consenting to surrender or contesting it.
  • Another country has asked Poland to extradite you. The rules and possible objections differ from the EU surrender process, so the request needs careful review.
  • You learn of a warrant while living or working in the Augustów area. Early advice can help you understand whether you may be arrested and how to respond lawfully.
  • You are stopped while travelling through northeastern Poland. If police identify an international alert, a lawyer can help clarify the basis for detention and arrange representation.
  • You believe the request concerns the wrong person or outdated information. A lawyer can raise identity problems, incorrect records, or relevant court decisions.
  • You face possible surrender despite health, safety, or fair-trial concerns. A lawyer can identify evidence and legal arguments that may be relevant to the court’s decision.

Polish laws that govern extradition

Constitution of the Republic of Poland, adopted 2 April 1997. Article 55 addresses extradition of Polish citizens and sets constitutional limits. Its current framework reflects an amendment adopted in 2006.

Code of Criminal Procedure, Act of 6 June 1997. In force since 1 September 1998, it governs extradition proceedings and European Arrest Warrant procedures in Poland. Its provisions have been amended over time, including to implement the EAW system.

Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States. It establishes the EU surrender framework. Poland implemented that framework through amendments to its criminal procedure legislation effective from 1 May 2004.

Frequently asked questions

Is an EAW the same as extradition?

They are related but not identical procedures. An EAW is a surrender process between EU member states, while extradition usually refers to a request involving a country outside that system.

Do I need a lawyer if I have only been told about a warrant?

Prompt legal advice is useful even before an arrest, because the type of request and the available options matter. Do not ignore official notices or try to evade authorities; ask a lawyer to verify the information and advise on a lawful response.

Can Poland surrender a Polish citizen?

Polish citizenship does not automatically prevent surrender under an EAW. Article 55 of the Constitution permits extradition or surrender in specified circumstances, subject to legal conditions and safeguards.

Where would an Augustów case be heard?

The competent court depends on the type of request and the rules on territorial and subject-matter jurisdiction. Although a case may start with local authorities, a hearing may take place in Suwałki or another court with jurisdiction.

Can I challenge an EAW?

Yes, a person may raise legally recognised objections before the competent court. Depending on the facts, these may concern identity, previous proceedings for the same conduct, limitation, or a legal ground for refusing surrender.

Does the alleged conduct have to be a crime in Poland?

For many offences, the conduct must also be an offence under Polish law. The EAW framework removes that requirement for specified categories of serious offences when the issuing state’s penalty threshold is met.

Can I be held in custody while the case is considered?

Detention may be ordered, but it is not automatic in every case. A lawyer can review the grounds for detention and seek release or other measures where legally available.

How long does an EAW case take?

EU rules set a general decision period of 60 days from arrest, or 10 days where the person consents to surrender. Exceptional circumstances can extend the period, and appeals or other procedural issues may affect the overall timeline.

How long does a request from outside the EU take?

There is no single timetable for every non-EU extradition request. Timing depends on the treaty or legal basis, the documents supplied, court proceedings, and any review by Polish authorities.

What does an extradition lawyer cost in Augustów?

Fees vary with urgency, detention hearings, document review, interpretation needs, and whether the case involves appeals or foreign counsel. Ask for a written scope of work and fee estimate before engaging a lawyer; eligibility for appointed counsel depends on the applicable rules and circumstances.

What should I bring to the first meeting?

Bring any arrest or court papers, the warrant or request if available, identity documents, and relevant decisions from Poland or abroad. A clear timeline of travel, prior proceedings, and contact with authorities can help the lawyer assess the case.

Official resources

  • District Court in Augustów (Sąd Rejonowy w Augustowie): Provides information about its court services and local proceedings. It may not be the court assigned to decide a particular extradition or surrender case.
  • Regional Court in Suwałki (Sąd Okręgowy w Suwałkach): Provides information about the regional court and its jurisdiction. Check with the court which institution is handling a specific case.
  • Polish Ministry of Justice: Publishes information on the justice system and international judicial cooperation. It is a government source, not a substitute for advice about an individual case.

Steps to find and hire an extradition lawyer

  1. Act immediately if arrested or contacted about a warrant. Ask for the document or case reference and request legal assistance before making decisions about consent or statements.
  2. Identify the type of request. Establish whether it is an EAW from an EU member state or an extradition request from outside the EU. The procedures and possible objections differ.
  3. Search for lawyers handling international criminal cooperation. Look for a Polish advocate or legal adviser with relevant criminal-procedure experience, and verify professional status with the appropriate bar or legal-adviser chamber.
  4. Arrange an urgent consultation, ideally the same day if detained. Ask whether the lawyer can attend the relevant hearing and communicate in a language you understand.
  5. Share the documents and a factual timeline. Provide the warrant, court papers, identity records, and details of any previous case concerning the same conduct.
  6. Agree the scope and fees in writing. Confirm what the fee covers, how urgent hearings or appeals are charged, and whether interpretation or foreign legal assistance costs extra.
  7. Follow the lawyer’s advice and track every deadline. Keep copies of filings and court notices, attend required hearings, and promptly report any new contact from police or prosecutors.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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