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

Enforcement of a Financial Penalty (902)

1. MEASURE IMPLEMENTATION

Полша

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

It is a mutual recognition measure between the EU member states only

2. LEGAL FRAMEWORK

Полша

International legal framework applicable for this measure in your Member State

Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties.

3. COMPETENT AUTHORITY TO:

Полша

* receive the request/decision for judicial cooperation

The Regional Court (Sad Rejonowy) in whose jurisdiction the perpetrator possesses assets or achieves income, or has a permanent or temporary place of stay.

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

N/A

4. ACCEPTED LANGUAGES

Полша

Accepted languages for the request/decision

Pursuant to Article 16(1) of the Framework Decision, the Republic of Poland has declared that its competent authorities will accept applications made in Polish.

5. EXECUTION DEADLINE

Полша

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

The court shall immediately proceed to the execution of the ruling of the competent authority of the ruling issuing state. The competent court or another authority of the ruling issuing state shall be immediately notified of the content of the decision related to the execution of the ruling on financial penalties, of the conclusion of enforcement proceedings, as well as of replacing a financial penalty with community service or of the execution of a replacement penalty of imprisonment, if the Polish law provides for such a possibility. Such a notification may be transmitted also with the use of equipment used for automatic data transmission, in a manner that allows to verify the authenticity of such documents.

6. CONCISE LEGAL PRACTICAL INFORMATION

Полша

a. Special requirements

The absence of dual criminality is one of the optional grounds for refusal of the execution of the ruling on financial penalties, with the exception of the offences mentioned in the Article 5 (1) of the Framework Decision, if they are punishable in the issuing State and as they are defined by the law of the issuing State.

b. Other useful information

"Financial penalty" means the perpetrator's obligation to settle the following amounts defined in the ruling: 1) cash amount as a penalty for the criminal offence committed, 2) compensation in favour of the injured, if the latter was unable to pursue civil claims as part of the criminal proceedings, 3) cash amount in favour of a public fund or an organisation supporting crime victims, 4) costs of proceedings. If the ruling on financial penalties concerns acts which have not been committed in the territory of the ruling issuing state and are subject to the jurisdiction of Polish courts, the court may decide to lower the amount of the financial penalty subject to enforcement to the maximum amount of a penalty or a measure which could have been adjudicated for the same acts pursuant to the Polish law. The execution of the ruling on financial penalties may be refused if the ruling relates to a financial penalty lower than EUR 70 or lower than the equivalent of this amount in another currency.

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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