Poland

EAW: although flight risk may, by its nature, be assessed more broadly than in ordinary proceedings, it must nonetheless exist and cannot dissolve into a form of “inadmissible presumption”. It must display characteristics of concreteness as well as present relevance, and must be supported by specific reasoning grounded in concrete elements drawn from the requested person’s life. Accordingly, the Italian court cannot base pre-trial detention in custody solely on the seriousness of the alleged offence, the severity of the penalties imposed, or the fact that the arrested person—despite being domiciled in Italy and identified by means of an Italian identity card—has not provided elements capable of excluding such risk (all the more so where the offence was committed many years earlier).