Pretrial detention in commercial cases may seem improbable, especially to those who have never had any legal troubles. Yet, in recent years, an increasing number of entrepreneurs, board members, and accountants have been placed under pretrial detention on commercial charges. What's worth knowing? Can a court actually order pretrial detention in a commercial case? And what can you do to effectively defend yourself against it?
What is pre-trial detention?
Pretrial detention is the most severe preventive measure provided for by the Code of Criminal Procedure. It involves isolating a suspect or accused person from society during pre-trial or court proceedings. It is used only in exceptional circumstances—in theory.
In practice, however, pre-trial detention is sometimes abused, especially in media or economically complex cases where the prosecutor's office fears obstruction, covering up evidence or influencing witnesses.
When is pre-trial detention applied in commercial cases?
Pre-trial detention in commercial cases may concern various crimes, such as:
- tax frauds (e.g. VAT carousels),
- large-scale fraud,
- acting to the detriment of the company,
- misappropriation of funds,
- falsification of accounting records,
- so-called "empty turnover".
Suspects in these types of cases are most often managers, financial directors, board members, accountants, and sometimes sole proprietors. It's worth noting that in many cases, these individuals have no previous criminal record.
Grounds for applying pre-trial detention
The court may order temporary arrest if there are statutory grounds, such as:
- fear of escaping or hiding,
- fear of obstruction – i.e. influencing witnesses, covering up traces, destroying documents,
- severe punishment may result – more than 8 years of imprisonment.
In economic cases, the prosecutor's office most often points to the risk of fraud, citing the complex structure of companies, the possibility of influencing accounting or further "covering up of traces".
Examples of business cases involving arrest
- The president of a construction company suspected of participating in a VAT carousel for PLN 10 million – arrested for 3 months.
- Transport industry accountant arrested on charges of invoice fraud and money laundering.
- An entrepreneur who allegedly acted to the detriment of creditors – pre-trial detention applied despite having no criminal history.
These examples show that pre-trial detention in commercial cases is a real risk even for people running legal businesses.
How to defend yourself against arrest in business cases?
Defense action should be quick and well-prepared. A lawyer can:
- submit an application for non-custodial measures (e.g. bail, police supervision),
- demonstrate that there are no real grounds for arrest,
- present documents and evidence confirming cooperation with law enforcement agencies,
- file a complaint against the decision to impose arrest.
Every hour after detention works against the suspect – therefore, legal support should be provided immediately after the first contact with law enforcement authorities.
Law firm assistance in matters of economic arrests
Gras i Wspólnicy specializes in criminal and commercial matters. We have experience representing clients in pretrial detention proceedings, including:
- preparing effective applications for release from custody,
- negotiations with the prosecutor's office,
- full defense at the court stage.
We understand that pretrial detention is not just a legal remedy but often a personal and professional tragedy. That's why we act quickly, effectively, and with full commitment.
Contact us
Are you facing temporary arrest in a business case ? Or perhaps someone close to you has been detained?
Don't delay – contact us for immediate legal assistance.
tel. +48 22 856 36 60 or +48 502 730 606
email: biuro@kglegal.pl
This article is for informational purposes only and does not constitute legal advice.
Legal status as of May 20, 2025
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