Fiches Belges: Полша

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

yes, Hearing has not been defined. Hearing a witness is an action in connection with the proceedings, which aims at obtaining a testimony. A testimony makes evidence in the case.

International legal framework applicable for this measure in your Member State

1. CoE 1959 Convention on Mutual Legal Assistance 2. EU 2000 Convention on Mutual Legal Assistance in criminal matters

* receive the request/decision for judicial cooperation

1. Ministry of Justice - Article 15 CoE1959- Declaration contained in a letter from the Minister of Foreign Affairs of Poland, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 March 1996 - Or. Pol./Engl. When the letters rogatory are addressed directly to the judicial authorities, a copy of these letters rogatory shall be transmitted to the Ministry of Justice.[Note by the Secretariat: See also the declaration made by Poland to Article 4 of the Second Additional Protocol to the Convention (ETS No. 182), on 9 October 2003.] ,Article 24 CoE 1959 -Declaration contained in a letter from the Minister of Foreign Affairs of Poland, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 March 1996 - Or. Pol./Engl. -For the purposes of the Convention, the public prosecutor's offices shall be also deemed to be “judicial authorities”. 2. District / Appellete Prosecutor's Offices or Regional/Appellete Courts

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

courts or prosecutor's offices depending on both stage of the proceeding and the region/city/town the witness has his/her whereabouts

Accepted languages for the request/decision

1.Article 16 CoE 1959 - Declaration contained in a letter from the Minister of Foreign Affairs of Poland, handed over to the Secretary General at the time of deposit of the instrument of ratification, on 19 March 1996 - Or. Pol./Engl. - The requests and other documents being transmitted shall be accompanied by a translation into the Polish language or into an official language of the Council of Europe;

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

N/A

a. Special requirements

Hearing witnesses is carried out pursuant to the regulations of the Polish law. It is possible to apply a special procedure or a special form of hearing, but only if it does not contradict the principles of legal order in Poland.

b. Other useful information

Praticipation of agents of the requesting country is permissible - after the authorisation from a competent Polish body has been obtained ; It is useful and easier to hear a witness having a list of questions ; Hearing a witness is executed: by a court (or optionally a judge delegated from within the judicial composition) in the course of a judicial proceeding and by a prosecutor, a police officer or officers from other bodies competent to carry on preliminary proceedings (e.g. Border Guards) in the course of a preliminary proceeding. When a witness is being heard before the court, the following persons are entitled to ask him/her questions: a public prosecutor, an auxiliary prosecutor, an auxiliary prosecutor’s attorney, a private prosecutor, a private prosecutor’s attorney, a plaintiff, a plaintiff’s attorney, an expert, a defence counsel, a person accused, members of a bench