Voluntary submission to a penalty in Poland: when to agree, what to negotiate and how

What is voluntary submission to a penalty?

Voluntary submission to a penalty is one of the procedures provided for in the Polish Code of Criminal Procedure that allows a case to be concluded without a full evidentiary hearing before the court. In simple terms, the defendant agrees to a conviction and specified criminal sanctions, and the agreed terms are then submitted to the court for formal approval.

It is important to remember, however, that this procedure depends on the defendant’s particular stance. As the Supreme Court explained in its judgment of 21 April 2022, case no. III KK 72/22, LEX no. 3430976, abbreviated proceedings may only be applied to persons who admit their guilt and thereby demonstrate a willingness to acknowledge it as a form of atonement.

If the court finds that the statutory requirements have been met and that the proposed outcome is lawful and appropriate in the circumstances, it may deliver judgment without conducting a full trial.

In practice, this can considerably shorten the proceedings. The court does not take all the evidence, hear every witness or examine the evidence to the same extent as it would during an ordinary trial. For many foreign nationals, this may mean a faster resolution, lower costs and avoiding months of participation in criminal proceedings.

However, voluntary submission to a penalty does not mean that the case is “closed without consequences”. On the contrary, it results in a criminal conviction, which may have consequences under criminal law as well as for residence status and administrative matters.

For foreign nationals, particular attention should also be paid to the impact of a conviction on residence status, the right to work, obtaining further residence permits and any proceedings before immigration authorities. A decision to agree to voluntary submission to a penalty should therefore always follow an assessment of the evidence, the prospects of a successful defence and all the consequences that a final conviction may have.

Who makes the proposal, and what are the roles of the prosecutor, defence lawyer and court?

In practice, the initiative to reach an agreement most often comes from the prosecutor or the defence lawyer. The prosecutor assesses the evidence gathered during the proceedings and proposes a particular type and level of penalty. The prosecutor may also seek additional measures against the defendant. It is worth remembering that the prosecutor’s primary aim is to conclude the proceedings in accordance with their own assessment of the case. The proposal will therefore not necessarily represent the most favourable outcome for the defendant.

The defence lawyer’s role extends beyond negotiating with the prosecutor. Above all, it involves a thorough assessment of the defendant’s procedural position. Before deciding whether to agree to voluntary submission to a penalty, it is necessary to examine the evidence, assess its probative value and determine whether there are realistic grounds for challenging the charges.

It is equally important to assess the risk of conviction following a full trial and compare that risk with the terms of the proposed agreement. In cases involving foreign nationals, this assessment should also cover the consequences that a final judgment may have for residence status, employment, running a business and future administrative proceedings. Only a comprehensive assessment of the defendant’s legal and personal circumstances allows an informed decision as to whether an agreement would be beneficial or whether the case should proceed to a full trial using all available means of defence.

Although the terms of voluntary submission to a penalty are agreed in advance between the defendant and the prosecutor, the final decision rests with the court. The court is not bound by the parties’ agreement and must examine whether the statutory requirements have been met and whether the proposed outcome is consistent with the law, the circumstances of the case and the purposes of criminal proceedings.

Agreeing to voluntary submission to a penalty therefore does not mean that the court will approve the agreement without scrutiny.

Under Article 387 § 2 of the Code of Criminal Procedure, the court may grant such an application only if the circumstances of the offence and the defendant’s guilt are not in doubt, and the purposes of the proceedings can be achieved without conducting the trial in full.

Crucially for the defendant, submitting an application for voluntary submission to a penalty does not guarantee that the case will end on precisely the negotiated terms. As the Supreme Court noted in its judgment of 29 October 2025, case no. I KK 335/25, LEX no. 3984102, an application for conviction does not bind the court or require its automatic approval, even where neither the prosecutor nor the injured party objects. The court may find that there are no grounds for a conviction at all, or that the penalty proposed by the defendant does not comply with the requirements of substantive criminal law.

Where an application does not fully comply with the law, the court does not necessarily have to reject it. As the Supreme Court explained in its judgment of 28 January 2026, case no. V KK 523/25, LEX no. 4017290, when delivering judgment under this procedure, the court must rule on the penalty, penal measures, forfeiture and costs exactly as specified in the application. However, under Article 387 § 3 of the Code of Criminal Procedure, the court may make approval conditional on a specified amendment, for example to correct a legal error made by the parties.

In practice, this means that even previously negotiated terms may not be approved. If the court finds that the proposed penalty or other measures are inappropriate given the nature of the offence or fail to serve the purposes of justice, it may refuse to approve them. The case will then proceed under the ordinary procedure, and the court will hear the evidence before delivering judgment.

Is accepting the prosecutor’s proposal always in the defendant’s best interests?

Not always. One of the most common mistakes is to assume that, because the prosecutor has proposed voluntary submission to a penalty, it must be the best possible solution for the defendant. In reality, the proposal merely reflects the prosecuting authority’s assessment of the case and may not take account of all the circumstances in the suspect’s favour.

Before making a decision, it is essential to examine the case file, the evidence and the available defence strategies in detail. This includes checking what evidence is in the file, whether any witnesses could provide a favourable account of events, whether the evidence was obtained lawfully and whether there are grounds for disputing that the alleged conduct fulfils the elements of the offence.

Only after a thorough assessment of the prospects of an acquittal, discontinuance of the proceedings or a more lenient outcome is it possible to determine whether the prosecutor’s proposed terms are genuinely in the defendant’s interests. A properly conducted defence may sometimes achieve a better result than the original proposal for voluntary submission to a penalty.

When should you consider agreeing, and when should you first examine the evidence and defence options?

Voluntary submission to a penalty is not appropriate in every case. Whether it is advisable depends primarily on the evidence and the realistic prospects of a successful defence. Where the circumstances are well documented and the evidence clearly establishes that the defendant committed the offence, reaching an agreement with the prosecutor may allow the proceedings to be concluded more quickly and on more favourable terms.

This is often relevant in cases involving drink-driving, property offences, certain drug offences and less complex criminal offences, where negotiations focus mainly on the type and level of penalty. In drink-driving cases, it is also worth considering whether a more favourable outcome could be achieved through conditional discontinuance of the proceedings.

Where the charges concern possession of controlled drugs, it may sometimes also be possible to secure discontinuance of the proceedings.

However, this does not mean that a proposal for voluntary submission to a penalty should be accepted automatically. Every case requires a prior review of the file, an assessment of the strength of the evidence and consideration of any circumstances in the defendant’s favour. It is important to understand that an application under Article 387 of the Code of Criminal Procedure forms an indivisible whole.

The Supreme Court explained this in its judgment of 24 May 2024, case no. III KK 86/24, stating that the application is indivisible and that a lack of agreement on even one of its elements prevents its approval. Furthermore, omitting any mandatory ruling, such as a driving ban where required by law, undermines the legal validity of the resulting judgment as a whole.

This is particularly important where the defendant disputes the charges, witnesses may support a different account of events, there are doubts about the lawfulness of procedural steps or the elements of the alleged offence can be challenged. Only by comparing the proposed terms with the realistic prospects of an acquittal, discontinuance or a more lenient outcome can the defendant assess whether an agreement is truly in their interests.

The Supreme Court also addressed this issue in its judgment of 17 June 2025, case no. III KK 666/25. It reiterated the particular duty of a court considering voluntary submission to a penalty. Before delivering judgment under this procedure, the court must verify that, in light of the evidence, neither the circumstances of the offence nor the defendant’s guilt are in doubt. Since the court itself has a statutory duty to carry out such close scrutiny, the defendant and their defence lawyer should likewise assess the case thoroughly before submitting an application.

It must also be remembered that voluntary submission to a penalty results in a conviction, with consequences under criminal law, including an entry in the National Criminal Register, as well as implications for residence status and administrative matters. For foreign nationals, particular attention should be paid to the impact of a conviction on:

• lawful residence in Poland and obtaining further residence permits and residence cards,
• the ability to work legally,
• the risk of the Polish Border Guard initiating proceedings to issue a return decision, commonly referred to as deportation.

A swift resolution may reduce uncertainty about a foreign national’s life in Poland. Nevertheless, given the potentially serious immigration consequences of a conviction, a decision to reach an agreement should always follow a careful and detailed assessment of the available defence options.

What can be negotiated?

The scope for negotiation depends on the type of case and the prosecutor’s position. In practice, discussions most often concern the following matters.

Type and Level of Penalty

Negotiations may cover:

• the amount of the fine;
• the number of daily units used to calculate the fine;
• the amount of each daily unit;
• the length of a restriction-of-liberty sentence;
• the length of a prison sentence.

Suspension of a prison sentence

In some cases, the prosecutor and defence lawyer may agree on a prison sentence with its execution conditionally suspended. For many foreign nationals, this is of crucial practical importance because it allows them to avoid serving the sentence in prison.

Penal measures

Negotiations may also cover:

• driving bans;
• court-ordered monetary payments;
• forfeiture of items;
• other penal measures provided for by law.

In many cases, an important part of the agreement is an obligation to make good the damage or compensate the injured party for non-material harm.

Voluntarily repairing the damage before the proceedings have concluded often provides an argument for more lenient treatment.

Costs of the proceedings

Matters relating to the costs of the proceedings may also be discussed. However, the scope for negotiation is considerably narrower than it is for the penalty itself.

How should you prepare for negotiations with the prosecutor?

Successful negotiations over voluntary submission to a penalty depend largely on proper preparation. Discussions with the prosecutor should involve more than simply accepting the proposal presented. They should be based on a thorough assessment of the case and arguments supporting a more lenient outcome. Before negotiations begin, it is advisable to examine the evidence, assess the strengths and weaknesses of the prosecution’s case and identify the risks associated with a full trial.

The defendant’s personal circumstances may also be significant. A previously clean criminal record, stable family and employment circumstances, remorse, cooperation with law enforcement and steps taken to repair the damage often support a more lenient penalty. In many cases, voluntarily compensating the injured party before the proceedings conclude is particularly helpful, as it demonstrates that the offender is taking responsibility for their conduct.

For foreign nationals, additional consideration should be given to the consequences that a particular type of penalty may have for lawful residence, employment and family circumstances. Well-prepared negotiations can secure a more favourable penalty or penal measures and help limit the long-term consequences of a conviction. Before entering discussions with the prosecutor, it is therefore advisable to define the intended objectives and assess which concessions are acceptable and which could prove detrimental to the defendant.

What does a conviction mean for a foreign national?

This is one of the most important issues to examine before reaching an agreement. For a foreign national, the consequences of a conviction often extend beyond the penalty itself and may affect their residence and employment situation in Poland. Before deciding whether to agree to voluntary submission to a penalty, it is therefore advisable to examine both the proposed terms and their potential administrative consequences.

However, it is incorrect to assume that every conviction automatically leads to the loss of residence rights or removal from Poland. These consequences depend on numerous factors, particularly the type of offence, the penalty imposed, the circumstances of the case, the legal basis for the person’s residence and their family and employment circumstances.

Nevertheless, a conviction may be relevant in proceedings concerning the granting or renewal of a residence permit, obtaining EU long-term resident status and the issuance of a return decision. In some cases, it may also affect the ability to take up or continue employment in Poland.

When negotiating the terms of voluntary submission to a penalty, it is therefore important to consider both the type and level of penalty and its potential consequences under immigration law. Every case requires an individual assessment. A conviction alone does not automatically mean that a person must leave Poland or loses the right to continue residing there lawfully.

What happens after the terms have been agreed? Must the court approve them, can you change your mind, and what limits apply to an appeal?

An agreement between the defendant or their defence lawyer and the prosecutor does not automatically conclude the case. The final decision rests with the court, which examines whether the agreement complies with the law, is appropriate in the circumstances and respects the interests of the injured party and the principles governing the administration of justice.

If the court considers the agreed penalty and other terms appropriate for the offence, it may deliver judgment in accordance with the parties’ agreement. However, the court may find that the proposed outcome is too lenient, too severe or otherwise unsuitable. In that situation, it may refuse to approve the agreement, and the case will have to continue under the ordinary procedure.

It is also worth remembering that, as a rule, the defendant may change their position and withdraw their earlier consent until the court delivers judgment. A decision to reach an agreement should therefore be carefully considered and preceded by an assessment of the evidence, possible defence strategies and all the consequences of a conviction. This is particularly important for foreign nationals, for whom a judgment may affect not only their position under criminal law, but also residence and employment matters.

Once judgment has been delivered, the scope for successfully challenging it is considerably narrower than following an ordinary trial. Voluntary submission to a penalty involves accepting a particular way of resolving the case. As a rule, a subsequent appeal cannot therefore be used to challenge terms to which the defendant previously gave informed consent.

In practice, before accepting the prosecutor’s proposal, it is advisable to examine not only the penalty itself, but also all additional obligations, penal measures and the long-term consequences of a conviction. This helps ensure that the decision is genuinely informed and serves the defendant’s interests.

Summary

Voluntary submission to a penalty can be an effective way to resolve a criminal case more quickly. However, it should not be regarded as automatically beneficial for every defendant. Particularly for foreign nationals, the consequences of a judgment may extend beyond the penalty and affect residence, employment and future administrative proceedings.

A decision to accept the prosecutor’s proposal should follow a thorough review of the evidence, an assessment of the prospects of a successful defence and consideration of the consequences of a final conviction. In many cases, an agreement can shorten the proceedings and secure more favourable terms. In others, continuing the defence offers a realistic opportunity to achieve a better outcome.

Before making a decision, it is therefore advisable to seek assistance from a defence lawyer who can assess both the procedural position and the potential consequences of the judgment for the foreign national’s residence status and personal circumstances. An informed decision based on a thorough assessment of the case helps identify the option that best serves the defendant’s interests.