Voluntary submission to penalty in Polish law is regulated by Article 387 of the Code of Criminal Procedure, which states:
Until the end of the first hearing of all defendants at the main trial, a defendant charged with an offence punishable by no more than 15 years of imprisonment may submit a motion for a conviction and the imposition of a specified penalty or penal measure, forfeiture, or compensatory measure without conducting evidentiary proceedings. The motion may also concern a specific decision regarding the costs of the proceedings. If the defendant does not have a retained defence counsel, the court may, at the defendant’s request, appoint a court-appointed lawyer.
Using the institution of voluntary submission to penalty certainly shortens the duration of proceedings, as it does not require extensive evidentiary procedures. However, it must be kept in mind that a person who chooses to voluntarily submit to a penalty generally forfeits the right to appeal the judgment, which is why all pros and cons must be carefully considered.
The motion for voluntary submission to penalty may be filed by the defendant personally or through their defence counsel. It may be submitted in writing or orally into the hearing record. Polish law does not specify detailed formal requirements for the content of such a motion beyond the indication of the penalty and measures to be included in the judgment. Nevertheless, the validity of the motion must convince both the court and the prosecutor, which is why the support of a legal professional may prove essential.
Attorney Łukasz Buczko has many years of experience in such matters. We invite all those interested in this topic to contact us.