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: Poland

Interception, recording and transcription of telecommunications (101)

1. MEASURE IMPLEMENTATION

Poland

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

Yes. Pursuant to the provisions of the Code of Criminal Procedure, after the preparatory proceeding has been instituted, on a prosecutor’s request, a court may rule monitoring and recording of the contents of telephone conversations in order to detect and obtain the evidence for the purpose of pending proceeding, or in order to prevent a new offence from being committed - Article 237 § 1 of the Code of Criminal Procedure. Polish legal acts are applied to actions in connection with legal proceedings, carried out on the request of a court or a prosecutor from the foreign State. However, the wish of these bodies concerning the application of a special procedure or a special form if it does not conflict the principles of the legal order of the Republic of Poland should be complied with - Article 588 § 4 of the Code of Criminal Procedure.

2. LEGAL FRAMEWORK

Poland

International legal framework applicable for this measure in your Member State

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

3. COMPETENT AUTHORITY TO:

Poland

* receive the request/decision for judicial cooperation

District Prosecutor's Office.

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

A court, on a request of a prosecutor carrying out proceedings. In urgent cases, monitoring and recording of telephone conversations may be ordered by a prosecutor, who is obliged, however, to obtain a court’s authorisation of the decision within the period of 5 days - Article 237 § 2 of the Code of Criminal Procedure.

4. ACCEPTED LANGUAGES

Poland

Accepted languages for the request/decision

A court, on a request of a prosecutor carrying out proceedings. In urgent cases, monitoring and recording of telephone conversations may be ordered by a prosecutor, who is obliged, however, to obtain a court’s authorisation of the decision within the period of 5 days - Article 237 § 2 of the Code of Criminal Procedure.

5. EXECUTION DEADLINE

Poland

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Poland

a. Special requirements

N/A

b. Other useful information

For the purpose of operational tasks performed by the Police in order to prevent, detect, identify perpetrators, as well as to obtain and preserve the evidence for criminal offences committed knowingly, which fall within public prosecution. The measure can be used for the limited number of offences which are listed in the Penal Code and several separated Acts. Operational monitoring is carried out in a covert manner and include: 1) monitoring of the contents of correspondence, 2) monitoring of the contents of parcels, 3) usage of technical appliances enabling to obtain and preserve, in a covert manner, information and evidence, in particular the contents of telephone conversations and other information communicated by means of telecommunications networks. Operational monitoring may be applied before, as well as in the course of criminal proceedings - Article 19 (1) of the Act on the Police. A Regional Court, on a written request of the Chief Commander of the Police, lodged after a written authorisation from the Attorney-General has been obtained, or on a written request of a Voivodship Commander of the Police, lodged after a written authorisation from a territorially competent district prosecutor has been obtained. A regional court competent due to the location of the requesting Police body makes a decision. In urgent cases, if there is a risk of the loss of information, or of obliteration or destruction of the evidence of an offence, the Chief Commander of the Police or a Voivodship Commander of the Police may, after a written authorisation from the Attorney-General or a territorially competent regional prosecutor, rule an operational monitoring, with a simultaneous request to a territorially competent regional court for issuing a relevant decision - Article 19 (1 to 3) of Act on the Police. If the operational monitoring of a suspected person or an accused is needed, the request from the Police body for ordering operational monitoring should include the information on the pending proceeding against that person - Article 19 (5) of Act on the Police

Last reviewed on 6 July 2016 by EJN Secretariat

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