How to Obtain an Acquittal in a Criminal Case – A Step-by-Step Practical Guide

What Is an Acquittal in a Criminal Case?

An acquittal is one of the most significant and sought-after outcomes in the Polish criminal justice system. It means that after a full trial, the court finds that the accused did not commit the alleged act or that there is insufficient evidence to hold them responsible.

In practice, an acquittal is a legal confirmation of innocence — the court determines that the charges brought by the prosecution are not supported by the evidence. This ruling ends the proceedings and clears the defendant of all allegations.

According to the Polish Code of Criminal Procedure, the court must acquit the accused if:

• The act in question was not committed,
• The act does not meet the legal definition of a crime,
• The law stipulates that the perpetrator does not commit an offense under specific circumstances,
• There is a lack of sufficient evidence to justify the suspicion of committing a crime.

 

When Can the Court Issue an Acquittal?

Every criminal case is unique, but Polish courts most commonly issue acquittals in the following scenarios:

1. Lack of evidence of guilt

If the prosecution fails to collect sufficient, consistent, and credible evidence clearly pointing to the defendant’s guilt, the court has no grounds for conviction. The presumption of innocence (Art. 5 §1 of the Code of Criminal Procedure) requires that all doubts be resolved in favor of the accused.

2. Contradictory or unreliable witness testimonies

If witnesses give inconsistent or changing statements over time, and their testimonies are not supported by other evidence, the court may find them unreliable and insufficient to establish guilt.

3. Acting in self-defense or necessity

Polish criminal law allows certain objectively unlawful actions — such as hitting an attacker — when justified by circumstances. If the accused acted to counteract a direct attack or prevent greater harm or danger, the court may acquit them.

4. The crime was committed by another person

If the evidence shows that someone else — not the accused — committed the act, the court is obliged to issue an acquittal.

5. The act lacks the elements of a criminal offense

Not every socially questionable or controversial act constitutes a crime. If the accused’s behavior does not meet the statutory elements of a criminal offense (e.g., lack of intent, harm, or culpability), the court may also rule for acquittal.

 

What Does the Path to Acquittal Look Like?

The process of obtaining an acquittal is often long and complex. Every stage — from the first questioning to the verdict — matters.

 

Stage 1: Pre-trial investigation
From the very beginning of a criminal case, it is crucial to have legal representation. Proper conduct during interrogations and avoiding unnecessary or misleading statements can significantly impact the outcome.

A defense attorney can also submit evidence requests, such as the questioning of witnesses, expert opinions, or video/audio evidence preservation.

 

Stage 2: Court proceedings
At trial, the defense’s role is to undermine the prosecution’s evidence by demonstrating inconsistencies, incompleteness, or unreliability. The goal is to raise reasonable doubt, which — according to the principle in dubio pro reo — must lead to acquittal.

 

Stage 3: Verdict and possible appeal
If the court of first instance issues a guilty verdict, the defense may file an appeal. Many acquittals are handed down only by the appellate court after a thorough review of the evidence. That’s why a consistent and well-prepared defense strategy is vital throughout the case.

 

What Are the Consequences of an Acquittal?

An acquittal has significant legal and personal implications for the accused. The most important effects include:

• Clearing of all charges — the court officially confirms the person’s innocence,
• No entry in the National Criminal Record (KRK) — the acquitted person is not considered convicted,
• Eligibility for compensation — for wrongful arrest, pre-trial detention, or other harm caused during the proceedings,
• Restoration of reputation — important both professionally and socially.

It’s also important to note that an acquittal is final and binding — a person cannot be tried again for the same offense (principle of ne bis in idem).

 

Why Is a Criminal Defense Lawyer Essential?

In criminal cases, professional defense often makes the difference between conviction and acquittal. A skilled defense attorney knows how to assess evidence, point out flaws in the prosecution’s arguments, and develop an effective courtroom strategy.

Working with a lawyer from the outset allows you to:

• Avoid harmful explanations or statements,
• Prepare a coherent defense strategy,
• Submit effective motions for evidence,
• Monitor actions taken by law enforcement or prosecutors,
• React to procedural errors that could be decisive in the final outcome.

A good defense lawyer not only represents you in court but also protects your rights and dignity throughout the entire criminal process.

 

How to Increase Your Chances of Acquittal?

1. Don’t act impulsively — never give explanations without consulting your lawyer.
2. Gather evidence — photos, recordings, messages, and witness statements can all be critical.
3. Document the proceedings — keep track of dates, decisions, and correspondence.
4. Maintain regular contact with your attorney — strong communication ensures a solid defense.
5. Stay calm and patient — criminal proceedings take time, but a well-prepared case can end in full acquittal.

 

Summary

An acquittal in a criminal case is the most complete confirmation of a defendant’s innocence. While achieving this result requires knowledge, experience, and a precise legal strategy, it is possible — even in difficult cases.

The key is to act wisely from the start, never make decisions without consulting your lawyer, and take an active role in your own defense.

If you’re facing charges or under investigation, remember: the right to defense is your fundamental right — and you should use it fully.

Need help in a criminal case?

Contact an experienced criminal defense attorney. We will prepare a strategy, analyze the evidence, and handle every detail that may lead to your acquittal.
???? Schedule a consultation or learn more at www.okolski.com