Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Полша

Възстановяване (503)

1. MEASURE IMPLEMENTATION

Полша

Is this measure possible in your Member State under International Judicial Cooperation?

Yes - synonyms restitution : recompense, compensation, repayment. Definition restitution: - returning something that was stolen to its owner - payment that is made to someone for damage in property and injuries, harm Restitution may be a condition of granting defendant probation or giving him a shorter sentence than normal. Penal Code - Chapter Va - Forfeiture and compensation measures article 44 Forfeiture § 1. The court will order the forfeiture of items coming directly as a result of an offence. § 2. The court may order, and in specified cases must order, the forfeiture of the items that were used or were intended to be used to commit the offence. § 5. The items specified in §§ 1 or 2 are not subject to forfeit if they can be returned to the aggrieved party or any other authorised party. § 6. If the offender is convicted of violating a prohibition on producing, possessing, trading in or transporting specific items, the court may order, and in specified cases must order, the forfeiture of such items. Art. 45. Material benefit. § 1. If the offender has received a material benefit as a result of the offence, even indirectly, not subject to the forfeiture mentioned in Article 44 § 1 or § 6, the court will order the forfeiture of the benefit or its equivalent. The forfeiture is not ordered, either partially or in full, if the benefit or its equivalent is repaid to the aggrieved party or another party. Art. 46. Compensation for damage, satisfaction. § 1. In the event of a conviction the court may order, or at the request of the aggrieved party or another party authorised the court must order compensation from the offender to partially or fully remedy any damage caused by the offence, or compensate for any injury; the court applies the provisions of of civil law but the civil law provisions on the possibility of awarding a pension do not apply. § 2. Instead of the obligations set out in § 1, the court may order “cash benefit” = NAWIĄZKA in Polish: - up to a maximum 200.000 PLN for the victim / 1 euro = 4,26 PLN/ - if the victim died as a result of crime - up to a maximum 200.000 PLN for closest person if as a result of the death of her situation deteriorated significantly. Art. 47. Cash benefit - NAWIĄZKA § 1. If an offender is sentenced for a deliberate offence against life or health, or for a deliberate offence resulting in a fatality, serious bodily harm or physical injury, or damage to health, the court may impose exemplary damages to be paid to the Victim Support Fund and Post Penitentiary Aid. § 2. If an offender is sentenced for an offence against the environment, the court may impose exemplary damages to be paid to the National Fund for Environmental Protection and Water Management mentioned in Article 400 of the Act on Environmental Protection dated 27 April 2001 (Journal of laws from 2008, No 25, item 150, as amended). § 3. If an offender is sentenced for an offence specified under Articles 173, 174, 177 or 355, for driving a mechanical vehicle while drunk or under the influence of narcotics, or for fleeing from the scene of an incident, the court must order “cash benefit” NAWIĄZKA / minimum 100.000 PLN/ -for the victim -if the victim died as a result of crime - for closest person if as a result of the death of her situation deteriorated significantly - for the Victim Support Fund and Post Penitentiary Aid / no relatives/ Art. 48. Cash benefit in art. 47 § 1,2 will be ordered up to 100,000 PLN. ACT dated 7 July 2005. State compensation for victims of certain crimes /Dz.U. 2005.169.1415/ access to compensation in cases where a crime is committed in a Member State other than that of the victim’s residence - offences committed since 1 .07.2005

2. LEGAL FRAMEWORK

Полша

International legal framework applicable for this measure in your Member State

A request on the general principles based on Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union or European Convention on Mutual Assistance in Criminal Matters Strasbourg, 20.IV.1959 and Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters A request on the basis Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims. COMMISSION DECISION of 19 April 2006 establishing standard forms for the transmission of applications and decisions pursuant to Council Directive 2004/80/EC relating to compensation to crime victims (2006/337/EC)

3. COMPETENT AUTHORITY TO:

Полша

* receive the request/decision for judicial cooperation

requests for mutual legal assistance on general principles Pre-trial stage PROKURATURA OKRĘGOWA district prosecutor’s offices - second level prosecutor's office Judicial proceedings SĄD OKRĘGOWY - district courts requests for judicial assistance on compensation based on Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims. PROKURATURA OKRĘGOWA regional prosecutor’s offices - second level prosecutor's office

* execute/recognise the measure (if other than the receiving authority)

Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims. the assisting authority - PROKURATURA OKRĘGOWA the court which issued the judgment Sąd Rejonowy - the regional court of the victim's residence or the court of committing the offence

4. ACCEPTED LANGUAGES

Полша

Accepted languages for the request/decision

Generally Polish for the request The official language of the State issuing the judgment - Council Directive 2004/80/EC

5. EXECUTION DEADLINE

Полша

Deadlines for the execution of the request/decision (where applicable)

as soon as possible The deciding authority shall send the decision on the application for compensation, by using the standard form referred to in Article 14, to the applicant and to the assisting authority, as soon as possible, in accordance with national law, after the decision has been taken.

6. CONCISE LEGAL PRACTICAL INFORMATION

Полша

a. Special requirements

all requests for legal assistance must be addressed to PROKURATURA OKRĘGOWA in … /name of the city/ /regional prosecutor’s office/ PROKURATURA REJONOWA - the first level of the prosecutor's office /the district prosecutor's office/ is not entitled to receive and send the request.

b. Other useful information

the amount of compensation - up to a maximum 12.000 PLN from 13.01.2016 - up to a maximum 25.000 PLN in the case of the victim's death - up to a maximum 60.000 PLN http://ec.europa.eu/justice_home/judicialatlascivil/html/cv_documents_en.htm#cv_documents2 http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/manual_cv_pol_en.pdf http://ec.europa.eu/justice_home/judicialatlascivil/html/pdf/national_law_cv_pol_en.pdf

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ
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