Representation of the Accuser

Crimes Prosecuted by Public Prosecution – What Does This Mean?

This category covers the vast majority of all criminal offenses defined in the Criminal Code and other statutes. It is important to remember that crimes prosecuted by public prosecution are divided into two groups: crimes prosecuted ex officio and crimes prosecuted on application.
Ex officio: law enforcement agencies – primarily the prosecutor’s office and the police – initiate proceedings on their own once they learn of a suspected crime.
On application: prosecution requires a formal request to be filed by the victim.

Powers of the Auxiliary Accuser

Both the auxiliary and subsidiary accuser – that is, the victim acting alongside or instead of the public prosecutor – have rights similar to those of the prosecutor or the police in criminal proceedings. These include participation in all procedural activities, submitting their own evidence motions, questioning the accused and witnesses, requesting the imposition of a specific penalty.

Why It Is Worth Engaging an Attorney for the Auxiliary Accuser

Effectively exercising the rights of an auxiliary or subsidiary accuser requires substantial legal knowledge and experience. Therefore, a victim who wishes to play such a role in criminal proceedings should seek the support of a professional attorney or legal counsel. While there is no obligation to do so, insufficient knowledge of the realities – both factual and legal – of criminal procedure can create serious difficulties for the victim. One of the first challenges is submitting the appropriate declaration on time. According to the Code of Criminal Procedure, if the indictment has been filed by the public prosecutor, the victim may declare participation as an auxiliary accuser up until the start of the main hearing. The rules differ slightly in the case of a subsidiary accuser.

When Can a Subsidiary Indictment Be Filed?

When the victim acts instead of the public prosecutor under a subsidiary indictment, certain conditions must be met. It is not enough simply to be the victim of a crime prosecuted by public indictment – the prosecutor must also have refused to bring charges. A subsidiary indictment may be filed if the prosecutor’s decision to refuse to initiate or to discontinue proceedings has been repeated – after the first such decision was overturned by the court. If, upon reconsideration, the superior prosecutor again upholds the refusal or discontinuation, the victim has the right to file a subsidiary indictment within one month from receiving the decision.

In addition, the victim may file a subsidiary indictment if the prosecutor has withdrawn their indictment – but only if the victim previously participated in the proceedings as a side accuser or had not exercised the rights of an auxiliary accuser.

When can a subsidiary indictment be filed?

When the victim acts instead of the public prosecutor under a subsidiary indictment, certain conditions must be met. It is not enough simply to be the victim of a crime prosecuted by public indictment – the prosecutor must also have refused to bring charges. A subsidiary indictment may be filed if the prosecutor’s decision to refuse to initiate or to discontinue proceedings has been repeated – after the first such decision was overturned by the court.

If, upon reconsideration, the superior prosecutor again upholds the refusal or discontinuation, the victim has the right to file a subsidiary indictment within one month from receiving the decision. In addition, the victim may file a subsidiary indictment if the prosecutor has withdrawn their indictment – but only if the victim previously participated in the proceedings as a side accuser or had not exercised the rights of an auxiliary accuser.

Who Can Act as an Auxiliary or Subsidiary Accuser?

Under the Code of Criminal Procedure, in cases of crimes prosecuted by public indictment, the victim may act as a party either alongside the public prosecutor (auxiliary accuser) or in their place (subsidiary accuser). Auxiliary accuser: supports the public prosecutor – most often the state prosecutor – in conducting the case.

Subsidiary accuser: replaces the prosecutor, stepping in when the prosecutor refuses to pursue the case.

Drafting the Indictment and Conducting the Proceedings

A subsidiary indictment must be prepared and signed by an attorney or legal counsel, or by a lawyer from the State Treasury Solicitor’s Office. The first role of a professional attorney in such cases is therefore drafting the indictment, since the victim cannot do so alone. Legal support is equally crucial during the proceedings themselves. Without a public prosecutor, the victim carries the full burden of conducting the case to establish the accused’s guilt and punishment.

Handling this without strong legal expertise is extremely difficult, and in complex cases often impossible. In fact, failure to act properly may even result in the acquittal of the accused.

Representation of Victims by Attorneys

Criminal proceedings are among the most complex and challenging procedures in Polish law. This is understandable – they determine guilt and punishment, which have profound consequences for the accused’s life. At the same time, the rights of the victim must not be forgotten. A victim has the right to demand fair punishment for the perpetrator, as well as compensation and restitution for the harm suffered. However, relying solely on law enforcement authorities is not always enough. A passive attitude may result in an outcome that does not meet the victim’s expectations. Victims should therefore make use of the possibility of participating in court as an auxiliary or subsidiary accuser, thereby safeguarding their interests. The assistance of an attorney or legal counsel in such cases is often invaluable.

Without it, effectively taking advantage of the solutions provided in the Code of Criminal Procedure is extremely difficult.

Our lawyers have extensive experience in supporting victims of crime who wish to take on the role of auxiliary or subsidiary accuser.