Poland
Prosecution in Poland
The Prokuratura — a statutory (not constitutional) service whose supreme organ, the Prosecutor-General, is by law the Minister of Justice.
Facts on this page were checked against their sources on .
Prosecution is conducted by the Prokuratura. Unlike the courts, it has no dedicated basis in the 1997 Constitution; its legal basis is statutory, in the Law on the Prosecutor's Office of 28 January 2016. The service is hierarchical, and its supreme organ, the Prosecutor-General, directs it and is the superior of the prosecutors, assisted by the National Prosecutor (Prokurator Krajowy).
The same idea, explained generally
- What does a prosecutor do?
A prosecutor decides whether a criminal case should be brought, on what charges, and presents it in court. This guide explains the tests applied, the duties owed, and how the role differs between systems.
- Why do justice systems need oversight?
Justice institutions hold coercive powers, often operate out of public view, and make decisions that are hard to reverse. This guide explains the oversight mechanisms built to detect and correct errors, and their limits.
Sources
Sources
Law of 28 January 2016 — Law on the Prosecutor's Office (Prawo o prokuraturze), consolidated
Sejm Rzeczypospolitej Polskiej (ISAP / ELI legal-acts service) · Legislation · 2016-01-28 · link verified 2026-07-26
The consolidated Law on the Prosecutor's Office (Dz.U. 2016 poz. 177), fetched from the Sejm's official ELI service and confirmed verbatim. Supports Art. 1 § 2 — "Prokurator Generalny jest naczelnym organem prokuratury. Urząd Prokuratora Generalnego sprawuje Minister Sprawiedliwości" (the Prosecutor-General is the supreme organ of the prosecution; the office of Prosecutor-General is held by the Minister of Justice) — establishing that the head of the prosecution service is, by statute, the Minister of Justice (a personal union), and that the Prosecutor-General directs the prosecution and is the superior of the prosecutors, assisted by the National Prosecutor (Prokurator Krajowy). The 1997 Constitution contains no dedicated provision establishing the prosecution; its basis is statutory.
2025 Rule of Law Report — Country Chapter on Poland
European Commission (SWD(2025) 921 final) · International organisation · 2025-07-08 · link verified 2026-07-26
The European Commission's 2025 Rule of Law Report country chapter on Poland (SWD(2025) 921 final, 8 July 2025), fetched and read. Cited, by attribution and with its date, for two points recorded neutrally: that steps have been taken towards separating the office of the Minister of Justice from that of the Prosecutor General but "a law to that end is yet to be adopted" (so the 2016 personal union still stands), and that certain judiciary-related laws had not entered into force because they were referred to the Constitutional Tribunal by the President of the Republic. Used to distinguish enacted from proposed measures; the site takes no position of its own.