Temporary arrest in the Polish criminal procedure has been known for many years. Nevertheless, its use is sometimes questioned. This is mainly due to the fact that the courts apply this institution too freely. However, at present, concerns about the functioning of this measure raise doubts about the constitutionality of provision 257 § 3 of the code of criminal procedure. According to its content, the prosecutor may overridingly and effectively oppose the court’s decision to replace the preventive measure in the form of temporary arrest with a property guarantee, which violates a number of constitutional provisions.