https://doi.org/10.21697/zp.2026.26.3.5
This article analyzes a draft bill for the introduction of a new preventive measure, electronic detention, into the Polish legal system, intended as a less onerous alternative to custody on remand pending trial. The grounds for its introductionare the excessive use of traditional detention, which may raise concerns from theperspective of constitutional standards, international law, and the case law of the European Court of Human Rights. I present the theoretical and normative foundations for the use of preventive measures, emphasizing the importance of proportionality and minimum interference with personal liberty. The new institution is intended to bridge the gap between non-custodial measures (e.g.,police supervision) and the isolation measure of detention on remand. The bill permits the use of electronic detention both in the initial phase of proceedings and for individuals already on remand if further isolation is not necessary. Upon considering a prosecutor’s request for detention on remand, the court will beable to order electronic detention instead, provided the conditions and technical requirements for its use are met. It will be necessary to ensure full procedural guarantees for individuals subject to this measure, as well as the provision of theappropriate technology. Devices used in the electronic monitoring system are to be adapted to comply with the new preventive measure. This will ensure a stable technological base and appropriate infrastructure to make the measure effectiveand safe. Electronic detention has significant potential as a modern, less burdensome preventive measure, but requires further legislative amendment, procedural precision, and the development of technical support to become a viable alternative to remand prison for defendants in a broad range of cases.
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