In Poland, the current criminal trial process severely limits the ability of defendants and their lawyers to participate remotely, unlike civil disputes which have more flexibility for remote hearings. Recent amendments from the pandemic-related laws permit remote prosecutor involvement under certain conditions, but defendants' participation depends on their incarceration status. Defendants and private accusers are allowed remote involvement only if they are imprisoned, which requires the presence of a court official or prison representative, while the prosecutor can attend remotely regardless of the accused's situation.

Critically, these changes seem to favor prosecutors by enabling them to more easily participate from a distance, potentially leading to disparities in representation between the prosecution and the defense. As it currently stands, defense attorneys may have to travel significant distances (up to 500 kilometers) to represent a defendant in person, while prosecutors can maintain their schedule with remote appearances. This raises concerns about fairness in the judicial process and accessibility of legal representation for defendants who are not provided the same remote participation options.

The introduction of these reforms aims to streamline the process and reduce costs, which could improve the overall efficiency of the criminal justice system in Poland. However, the balance of power within court settings, particularly concerning defendant rights and access to legal defense, will need careful consideration as these new rules are implemented, ensuring that equity in the judicial system is upheld alongside modernization efforts.