Fiches Belges: Poland

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

Yes. Pursuant to Article 218 of the Code of Criminal Procedure, offices, institutions and subjects involved in the provision of postal or telecommunications services, the Customs, and transport institutions and companies are obliged to hand over letters and parcels significant to the on-going proceedings on a court’s or a prosecutor’s order. Only a court and a prosecutor are entitled to open mail or to order it’s opening. On the same grounds, the information concerning telephone subscribers, and outcoming or incoming connections within a given telephone station is obtained from telecommunications operators. Also offices, institutions and subjects conducting telecommunication service are obliged to seizure on a court’s or prosecutor’s order, for at least 90 days, computer data collected on registers or on computer system – Article 218a § 1of the Code of Criminal Procedure.

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

* receive the request/decision for judicial cooperation

District Prosecutor's Office.

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

N/A

Accepted languages for the request/decision

The requests and other documents being transmitted shall be accompanied by a translation into the Polish language unless the bilateral agreement provides otherwise.

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

N/A

a. Special requirements

N/A

b. Other useful information

Data identifying a telephone subscriber to a telecommunications network or the endings of two networks between which the connection had been carried out, and the data concerning successful or attempted connections between the network endings, as well as the circumstances and a type of connection, may be disclosed to the Police and processed by the Police, exclusively for the purpose of crime prevention and detection - Article 20c of Act on the Police.