Fiches Belges: Polonia
Execution of a Supervision Measure (905) 1. MEASURE IMPLEMENTATION |
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 |
International legal framework applicable for this measure in your Member State | Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention |
3. COMPETENT AUTHORITY TO: |
* receive the request/decision for judicial cooperation | The public prosecutor of territorial jurisdiction with regard to the legal place of stay of such a person. | * execute/recognise the measure (if other than the receiving authority) | N/A |
4. ACCEPTED LANGUAGES |
Accepted languages for the request/decision | Polish |
5. EXECUTION DEADLINE |
Deadlines for the execution of the request/decision (where applicable) | The decision as to the execution of the ruling shall be issued by the public prosecutor within 30 days as of the day 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 receipt of the ruling along with the certificate. |
6. CONCISE LEGAL PRACTICAL INFORMATION |
a. Special requirements | N/A | b. Other useful information | If the type or manner of execution of the obligations are not present in the Act, the public prosecutor shall define a measure or obligation pursuant to the Polish law, taking into account the differences in favour of the person against whom criminal proceedings are conducted in the ruling issuing state. Upon request of the competent court or another authority of the ruling issuing state, the public prosecutor may grant consent to the execution of the measure issued with regard to the person specified in this Article who does not have a legal permanent place of stay in the Republic of Poland, provided that this would ensure a correct course of the proceedings to a greater extent. |
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