The study is an outline of issues related to the explicit hegemony of the state authorities in the free determination of procedural justice for detainees. The authors point out a clear legislative tendency towards the legislator’s deliberate allocation of appropriate legal tools to enable them to abuse their legal position at the expense of the implementation of procedural safeguards stemming from the principle of the right to defend detainees and at the same time, they are subject to numerous postulates regulated in Poland’s binding legal acts of European and international rank and completely omit the extremely important role of the defender in the early stages of the preparatory proceedings. The purpose of the publication is to draw readers’ attention to the scale of the problem and the need to find appropriate solutions that would eliminate the differences between the individual process categories of suspects and the scope of their rights, while minimizing the risk of discrimination on the part of the process bodies in their actual implementation. It emphasizes at the same time how important it is for its implementation to extend the scope of the code of presumption of innocence to all stages of preparatory proceedings and the use of modern information and communication technologies to maximize the fulfillment of the demands of equality of arms and parties, and to exclude the creation of a criminal process model expressed in the form of conflicts of interest. process parties with a clear and well-established advantage of one of them.