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

Probation measures (904)

1. MEASURE IMPLEMENTATION

Poland

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

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

2. LEGAL FRAMEWORK

Poland

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions.

3. COMPETENT AUTHORITY TO:

Poland

* receive the request/decision for judicial cooperation

The district court (first instance court) in whose region the perpetrator has a legal permanent place of stay. In the cases referred to in Article 5(2) of the Framework Decision - the Regional Court with jurisdiction for the Śródmieście district of the capital city Warsaw.

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

N/A

4. ACCEPTED LANGUAGES

Poland

Accepted languages for the request/decision

Polish

5. EXECUTION DEADLINE

Poland

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

The decision as to the execution of the ruling shall be issued by the court within 30 days as of the date of receiving the ruling along with the certificate. The proceedings related to the execution of a ruling shall be finally concluded within 60 days as of the date of receipt of the ruling along with the certificate.

6. CONCISE LEGAL PRACTICAL INFORMATION

Poland

a. Special requirements

N/A

b. Other useful information

Upon request of the competent court or another authority of the ruling issuing state, the court may grant consent to the execution of a penalty or measure, adjudicated in relation to a perpetrator who does not have a legal permanent place of stay in the Republic of Poland, provided that this allows to achieve educational and preventive objectives of the penalty or measure to a greater extent. Adjudicating on the execution of a penalty or measure, the court shall determine legal qualification of the act pursuant to the Polish law. If the type of penalty or measure, or the manner of execution of the obligations imposed is not present in the Act, the court shall determine a penalty, measure or obligation pursuant to the Polish law. The basis for determination of a penalty or measure subject to execution shall be constituted by a ruling issued by the court of a Member State of the European Union, the penalty for such an act in stipulated in the Polish law, and the period of actual execution of the penalty, measure or obligation abroad, taking the differences into account in favour of the sentenced person. If the extent of a penalty, measure, obligation, or probation period is higher than the one envisaged in the Act, the court shall determine it to be equal to the upper limit of the extent pursuant to the Polish law. If the ruling does not specify a penalty of imprisonment which shall be imposed on the perpetrator in the case of a failure to fulfill the obligations imposed or the renewal of conditionally discontinued criminal proceedings, the court shall adjudicate on the execution of the ruling only within the scope of the obligations imposed in it.

Last reviewed on 6 July 2016 by EJN Secretariat

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