Substitution at the police and prosecutor's office – how does it differ from court substitution?

A hearing appears on the calendar a month in advance. A client's detention – appears not at all: the call from the family comes at 22.40, the client is sitting in a police station in a town 250 km away, and questioning is scheduled for "first thing in the morning". In such situations substitution stops being a matter of convenience and becomes a matter of whether a defence is even feasible. And it is governed by different rules than court substitution.

The fundamental difference – authorisation to defend instead of a power of attorney

In criminal matters, defence counsel acts on the basis of an authorisation to defend (art. 83 k.p.k.), which may be granted by the detained person themselves or – until they do so – by another person, most often a family member. This has enormous practical significance: a local advocate can receive an authorisation from the detained person's wife or brother and act immediately, before even seeing the client.

A classic substitution is also possible: defence counsel appointed in the matter authorises another advocate for a specific action. That said – and this must be stressed – subject-matter restrictions come into play: defence counsel may be an advocate or an attorney-at-law, and an attorney-at-law only where they are not in an employment relationship (other than academic and teaching work).

Time works differently – deadlines counted in hours

In preparatory proceedings there is no "adjournment of the hearing". There are, however, deadlines that run relentlessly:

• 48 hours – the maximum a detention may last before the detained person is placed at the court's disposal with a motion for arrest;
• 24 hours – the time the court has to rule on a motion for pre-trial detention;
• questioning of the suspect often takes place within a few to a dozen or so hours of the detention.

As a result, substitution "at the police" is a service with an entirely different profile: what counts is availability here and now, readiness for night-time actions and familiarity with local practice – which prosecutor is on duty, how a given station operates. A representative from the other end of Poland, however brilliant, physically will not make it in time.

What substitution in preparatory proceedings covers

Attending the questioning of the suspect

The most frequent action: being present at the questioning, checking the correctness of the cautions, advising on whether to give a statement or exercise the right to silence. The first questioning can decide the fate of the entire matter – sending just anyone to it "so long as someone is there" is playing for the highest stakes with someone else's cards.

Contact with the detained person before the action

Defence counsel has the right to contact the detained person; at the request of the detaining authority an officer may be present during the conversation – but the conversation is a right. A local substitute should reach the station before the questioning, not for it.

The detention hearing

Taking part in a court session on pre-trial detention is already a league that demands criminal-law experience – improvisation here costs the client their liberty. When engaging someone for this action, the provider's experience in criminal matters should be treated as a necessary condition, not an asset.

Actions involving a witness

Increasingly, accompanying a witness is also commissioned (representative of a witness, art. 87 § 2 k.p.k. applied accordingly) – especially in commercial matters, where the line between a witness and a future suspect can be as thin as the paper of the record.

Practical pitfalls – from experience

1. No form of authorisation on site – it is worth having a ready template of an authorisation to defend granted by a close person, and a procedure for signing it in a flash.

2. An under-briefed substitute – for night-time actions the handover of the state of the matter is often fragmentary; the minimum is the charges (if known), personal details, and a position on making a statement.

3. Settling urgent actions – night-time and weekend rates should be agreed in advance; "we'll sort it out later" at 3.00 in the morning can end in various ways.

4. Distance measured in minutes – when choosing a provider, ask about the real time to reach a specific station, not about the town in the letterhead.

Summary

Substitution at the prosecutor's office and the police differs from court substitution in everything that matters: the basis of the mandate, the pace, the time of day of the action and the cost of a mistake. What is needed is a provider who is local, available immediately and experienced in criminal matters – and finding such a person at 23.00 by phoning around acquaintances borders on a miracle.

Wokanda.net also handles urgent engagements to prosecutor's offices and police units: the engagement goes to verified advocates from the relevant town who themselves declare readiness for urgent actions.

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