Inadmissibility of validation of illegal deprivation of liberty by a posteriori prolongation of detention on remand

Order of the Court of Appeal in Gdańsk of 6 September 2017 in Case II AKp 73/17

Abstract

The commentary deals with the issue of the effects of prolongation of detention on remand in an ordinary procedure in the situation when the two-year period of application of this isolation measure has passed and the measure can only be prolonged under Article 263(4) of the Code of Criminal Procedure. The Author agrees with the general conclusion of the order according to which even subsequent prolongation of detention on remand by a court of appeal in an appropriate procedure cannot lead to validation of the earlier unlawful depravation of liberty as the decision to prolong the detention on remand causes effects only with reference to the future.