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 of telecommunication - Art. 18 (2) (b) of the MLA Convention (106)

1. MEASURE IMPLEMENTATION

Poland

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

Yes, it is.

2. LEGAL FRAMEWORK

Poland

International legal framework applicable for this measure in your Member State

Apart from the EU 2000 Convention on Mutual Legal Assistance, also other legal frameworks may be applicable, e.g. European Convention on Mutual Assistance in Criminal Matters of 20 April 1959.

3. COMPETENT AUTHORITY TO:

Poland

* receive the request/decision for judicial cooperation

As a principle the competent authoritiy to receive and execute such request is a District Prosecutor Office (Prokuratura Okręgowa) which has a territorial jurisdiction in the given case. In cases where the ground for the request is CoE 1959 Convention on Mutual Legal Assistance and the requesting state is not a party to the Second Additional Protocol to this Convention and thus the cooperation is centralized, the competet authority to receive the request is Prosecutor General's Office, Department of International Cooperation (address: Prokuratura Generalna, Departament Współpracy Międzynarodowej, ulica Rakowiecka 26/30, 02-528 Warszawa) which would forward the request for execution to the competent District Prosecutor Office.

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

N/A

4. ACCEPTED LANGUAGES

Poland

Accepted languages for the request/decision

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

Poland

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Poland

a. Special requirements

According to the Code of Criminal Procedure (Chapter 26) surveillance and recording of the content of telelecommunictions are allowed in case of criminal proceedings concerning: homicide; posing a danger to the public or causing a catastrophe;trafficking in persons; abduction of a person; demanding ransom; hijacking an aircraft or a ship; robbery, armed robbery or armed extortion; an attempt against the sovereignty or integrity of the State; an attempt against the constitutional order of the State or its supreme agencies, or against a unit of the Armed Forces of the Republic of Poland; espionage or disclosure of a State secret; amassing weapons, explosives or radioactive materials; forging and selling counterfeit money, monetary tenders or instruments or transferable documents authorising a person to obtain money, goods, cargo or material awards or including an obligation to pay equity, interest, share of profits or certificate of participation in a partnership; manufacturing, processing, selling and smuggling intoxicants, precursors, surrogate substances or psychotropic substances; organised criminal group; property of significant value; use of violence or unlawful threats in connection with criminal proceedings; corruption and bribery; procuration, pandering and pimping; offences against peace, against humanity and war crimes as defined in Chapter XVI of the Penal Code. The surveillance order is issued by a court upon the motion from a prosecutor. The surveillance and recording telephone conversations may be conducted for a period not exceeding 3 months, with a possibility to extend, in particularly justified cases, for a period not exceeding a further 3 months.

b. Other useful information

N/A

Last reviewed on 6 July 2016 by EJN Secretariat

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