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Fiches Belges: Полша
Изслушване на свидетели: стандартна процедура (702) 1. MEASURE IMPLEMENTATION |
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. |
2. LEGAL FRAMEWORK |
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 |
3. COMPETENT AUTHORITY TO: |
* 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 |
4. ACCEPTED LANGUAGES |
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; |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | N/A |
6. CONCISE LEGAL PRACTICAL INFORMATION |
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 |
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