Fiches Belges: Poland

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

Yes. Grounds for summoning an expert arise when some special knowledge is required in order to establish the circumstances significant for the conclusion of the case. These are circumstances that exceed a regular knowledge of the authority conducting the proceedings. A level of knowledge of an educated person having a relevant life experience may make a reference measure in this respect. Not only a Court-Appointed Expert, but also any person known to have a relevant knowledge in a certain field, is obliged to act as an expert. Regardless the possibility and the necessity of summoning experts in criminal proceedings, if carrying out an inspection, an experiment, an expert evaluation, a seizure of objects, or a search require technical operations, in particular measuring, counting, photographing or preserving traces, then professionals may be summoned to participate in them. In course of examination, an expert may use technical devices allowing the control of unconscious bodily reactions of the accused. They may also be applied in order to limit the circle of suspects.

International legal framework applicable for this measure in your Member State

Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union - 2000 and related European Convention on Mutual Assistance in Criminal Matters – 1959. Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters – 2001. Bilateral agreements.

* receive the request/decision for judicial cooperation

District/Appellate Prosecutor’s Offices, District/Appellate Courts – depending on the stage of proceedings

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

The measure shall be carried out by regional/appellate prosecutor or district prosecutor under supervision of regional prosecutor – in the course of pre-trial proceedings, and by the court – in the course of trial.

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)

None. Requests for legal assistance shall be executed promptly, taking into account own procedural deadlines and the time limit specified in the request.

a. Special requirements

The consent of the examined person / accused/suspect/ is required to use technical devices allowing the control of unconscious bodily reactions.

b. Other useful information

The opinion is given by the expert orally or in writing, in accordance with the requirement of the authority conducting the proceedings.Polish law is applied to carry out the measure. However, the wish concerning the application of a special procedure or a special form of conduct if it does not conflict the principles of the legal order of the Republic of Poland should be complied with.