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

Екипи за съвместно разследване (805)

1. MEASURE IMPLEMENTATION

Полша

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

The Polish Code of Criminal Procedure enables the creation of the Joint Investigation Teams (JIT). They serve as a tool for granting international legal assistance in criminal matters. Pursuant to Article 589b § 1 of the Code of Criminal Procedure they can be set up in collaboration with the member states of UE as well as with the other states, if it is consistent with an international agreement or a principle of reciprocity. Pursuant to Article 589b § 2 of the Code of Criminal Procedure, JIT is established by way of agreement, by the General Public Prosecutor and a competent body of a collaborating state. The JIT can only be set up for the purposes of a given investigation and for a specified period. However the duration of its existence can be extended. According to the article 589c § 1 of the Code of Criminal Procedure, The team, the co-operation within which is carried in territory of the Republic of Poland, hereinafter referred to as "Polish team", may be established, in particular, if: 1) in the course of an investigation conducted in the territory of the Republic of Poland with regard to a case of an offence qualified as terrorism, human trafficking, sale of intoxicants, psychotropic substances or their precursors, or other serious crime, it has been disclosed that the perpetrator acted or consequences of his act have occurred in the territory of another state and there is a need to perform investigative actions in the territory of such a state or with the participation of its authorities, 2) the subject or object of an investigation conducted in the territory of the Republic of Poland is related to an investigation into a crime mentioned in subparagraph (1) conducted in the territory of another state, and there is a need to perform the majority of investigative actions in both investigations in the territory of the Republic of Poland. According to the article 589d § 1 of the Code of Criminal Procedure, polish public prosecutor or a representative of another body authorised to conduct investigation may be delegated to a team in the territory of another co-operating state in cases provided for in regulations of the state in the territory of which the team co-operation takes place.

2. LEGAL FRAMEWORK

Полша

International legal framework applicable for this measure in your Member State

The Polish regulations on the creation of the JIT results from the implementation of the provisions included in the Framework Decision of the Council of the European Union of 13 June 2002 on the Joint Investigation Teams and in the article 13 of the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union from 2000. The Polish penal procedure does not envisage a particular form for the submission of an application in order to set up a JIT. Such a team can only be established by agreement between the Prosecutor General and a competent authority of a collaborating state.

3. COMPETENT AUTHORITY TO:

Полша

* receive the request/decision for judicial cooperation

Pursuant to article 589b § 2 of the Code of Criminal Procedure the Prosecutor General is a competent authority to whom the request on establishing the JIT should be forwarded. The Prosecutor General solely is entitled to set up the JIT by agreement with a collaborating state. The Polish penal procedure does not envisage a specific form of a request as it is required in the procedure of establishing the JIT.

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

N/A

4. ACCEPTED LANGUAGES

Полша

Accepted languages for the request/decision

Taking into account the specificity regarding the creation of the JIT, the language adopted for requests for assistance is the correct one initiate the procedure of establishing such a JIT.

5. EXECUTION DEADLINE

Полша

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

The Polish penal procedure does not indicate the term in which decision on the creation of the JIT should be made.

6. CONCISE LEGAL PRACTICAL INFORMATION

Полша

a. Special requirements

According to the article 589c § 1 of the Code of Criminal Procedure, The team, the co-operation within which is carried in territory of the Republic of Poland, hereinafter referred to as "Polish team", may be established, in particular, if: 1)in the course of an investigation conducted in the territory of the Republic of Poland with regard to a case of an offence qualified as terrorism, human trafficking, sale of intoxicants, psychotropic substances or their precursors, or other serious crime, it has been disclosed that the perpetrator acted or consequences of his act have occurred in the territory of another state and there is a need to perform investigative actions in the territory of such a state or with the participation of its authorities, 2) the subject or object of an investigation conducted in the territory of the Republic of Poland is related to an investigation into a crime mentioned in subparagraph (1) conducted in the territory of another state, and there is a need to perform the majority of investigative actions in both investigations in the territory of the Republic of Poland. The above cited provision indicates that a catalogue of forbidden acts does not correspond with numerus clausus. It should however be anticipated that the creation of the JIT should be solely limited to serious offences. The Polish penal procedure does not envisage any other limitations or requirements linked with the establishing of the JIT.

b. Other useful information

According to the article 589b § 4 of the Code of Criminal Procedure, the agreement on the team appointment may stipulate a possibility of allowing, under certain circumstances, a representative of an international institution established to combat crime to be admitted to works performed within the team. According to the article 589c of the Code of Criminal Procedure, the composition of the Polish team shall include other Polish public prosecutors and representatives of other bodies authorised to conduct principal investigations, as well as officials from competent authorities of the co-operating state, hereinafter referred to as "delegated officials". Actions in investigations performed by the Polish team shall be governed by the provisions of the domestic law. Delegated officials may be present at all procedural actions carried out by the Polish team, unless in a specific case, justified by the need of protecting an important interest of the Republic of Poland or rights of an individual, a person heading the team orders otherwise.Upon consent of the parties to the agreement on the appointment of the Polish team, the person heading such team may assign to a delegated official the performance of a specific action of the principal investigation, with the exclusion of issuance of orders provided for in this Code. In such event, a Polish team member shall participate in such an action and prepare a record thereof

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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