In all publications concerning the secret service two basic models of their functioning are discussed. In the first one the secret service perform mainly the information functions and thus is not equipped with any tools of penal reaction to an event. Even in a situation when in their activities they confirm that a crime has been committed, they do not perform penal investigation but transfer the materials to the prosecutor’s office or police. In the second model the secret service functions include acquiring, analysing and transferring information on threats, as well as recognising and detecting crimes and chasing criminals. The information function is traditionally attributed to intelligence services, whereas mixed solutions are applied in case of counterintelligence services. The investigation (police) function, apart from information function appears in the counterintelligence activities. The task of services that perform this function is to chase people suspected of committing crime that is a special kind of breaching the law. Classic examples of information secret service model are British and German intelligence and counterintelligence services, whereas American and Russian counterintelligence present the mixed solutions’ model where secret service perform both information and police functions. Polish law concerning secret service legal status resemble American and Russian solutions rather than British or German. It cannot be forgotten, however, that also Polish experiences played an important role in forming the secret service legal position. The post-war experiences, where the Polish People's Republic’s security bodies were legally able to conduct penal investigations, are more visible on this background. In the Polish secret service model, binding due to law regulations of 2003 and 2004, ABW - Interior Security Agency is another service that apart from the Police, Border Guard and Military Police is equipped with police function. In the area of detecting and recognising crime, it has trial rights included in the Penal Code. Other Polish secret services - AW - Intelligence Agency and WSI - Military Intelligence Agency are information services that combat threat using operational methods. Therefore, one can claim that the secret service reorganisation conducted in 2002 has not brought any significant changes in the secret service functioning. Due to the same reasons, one can say about a certain continuity in the organisational and functional model of secret service in the last 15 years.