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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: Il-Polonja

Iffriżar ta' kontijiet bankarji (502)

1. MEASURE IMPLEMENTATION

Il-Polonja

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

The blockade a bank account is an institution similar to the temporary seizure of assets (see 501). The blockade of bank account interferes with the constitutionally protected right of ownership by reducing the account holder to dispose of assets. In Poland the blockade can only be established on the basis the Act and by authorized organs. The Act in Poland : Penal Code Art. 165a accumulation, transfer or offer means of payment in order to finance a terrorist act , Penal Code Art. 299 money laundering Art. 181-182 of the Act of 29 July 2005 on trading financial instruments The Act of 29 August 1997 - the Banking Law Art. 106a. Reasonable suspicion of use of the bank's operations for criminal purposes /Dz.U.2012.0.1376/ The Act of 29 July 2005. on capital market supervision / Dz. U. 2005.183.1537/ - art. 40.1 The Act of 16 November 2000. on the prevention of money laundering and financing of terrorism /Dz.U. 2010.46.276/ - art. 18, 18a, 19. Authorized organs in Poland : - bank for 72 hours / offences art. 165a, 299 Penal Code/ and immediately request to the prosecutor - prosecutor for 3 months, next a freezing order of property (see 501) Transmission of freezing orders together with the certificate : Code Procedure Penal , Chapter 62a – Request of Poland, Chapter 62b – Request of a Member State of the European Union for the execution of orders freezing evidence or securing property – possibility to freeze things /objects/ - also the money on the account – article 589l / Council Framework Decision 2003/577/JHA/

2. LEGAL FRAMEWORK

Il-Polonja

International legal framework applicable for this measure in your Member State

A request on the general principles based on / the request for freezing on assets without the decision and certificate/ 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 Transmission of freezing orders together with the certificate Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence; / implementation 2.08.2005 in Penal Procedure Code Chapters 62a, 62b/ - See doc. 7199/06

3. COMPETENT AUTHORITY TO:

Il-Polonja

* receive the request/decision for judicial cooperation

at the trial stage the orders have to be addressed to "sąd rejonowy" (regional court) during preparatory proceedings (pre-trial stage) to "prokuratura okręgowa" (district prosecutor office) district /other name circuit/ second level regional first level

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

at the trial stage the orders have to be addressed to "sąd rejonowy" (regional court) pre-trial stage the order may be executed by the district prosecution office or regional prosecution office under supervision of the district prosecution office.

4. ACCEPTED LANGUAGES

Il-Polonja

Accepted languages for the request/decision

Generally a request in Polish with including findings established bilateral agreements. Decision 2003/577/JHA. As Poland has not made any declaration on the basis of Article 9.3. of the said Decision the certificates shall be accepted in Polish.

5. EXECUTION DEADLINE

Il-Polonja

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

Art. 589n § 1. The decision on the execution of the freezing order or on securing the property referred to in Article 5891 § 1 is issued by the competent court or public prosecutor immediately and, whenever practicable, within 24 hours of receipt of the order. Art. 589p. § 1. A competent judicial authority of the issuing State is notified immediately, if practicable within 24 hours of the receipt of the order, of the decision on the execution of the order to freeze evidence or secure property. The notification may also be given by any means of electronic data transmission allowing the establishment of the authenticity of transmitted documents. Art. 589r § 2. The record of the procedure of freezing evidence or seizing property is immediately transmitted to the competent judicial authority of the issuing State. Article 589p § 1 second sentence applies accordingly.

6. CONCISE LEGAL PRACTICAL INFORMATION

Il-Polonja

a. Special requirements

Art. 589m. Refusal to execute an order. § 1. The authority may refuse to execute a freezing order, referred to in Article 589l, if: 1) the act in connection with which the order was issued does not constitute an offence under Polish law, unless in accordance with the law of the issuing State the act constitutes an offence mentioned in Article 607w point 1-33, punishable by a prison sentence, the upper limit of which is of least three years, or by another custodial measure of at least the same period, 2) it is impossible to freeze evidence concerned with the order for practical reasons, in particular because it was lost, destroyed or cannot be recovered, 3) a certificate containing all important information enabling the execution of a freezing order has not been attached to the order, or it is incomplete or manifestly does not correspond to the freezing order, 4) from the contents of the certificate it is instantly clear that the order transmitted for execution concerns the same act by the same person, with respect to which criminal proceedings have already been concluded in a final manner, 5) the execution of the order is not possible because of the refusal to produce correspondence and documents pursuant to Article 582 § 2. § 2. The authority may refuse to execute the order aimed at securing property, referred to in Article 5891 § 1, if: 1) under Polish law in the case for an offence, in connection with which the order was issued, it is not permissible to secure the confiscation of property, unless in accordance with the law of the issuing State, the act constitutes an offence mentioned in Article 607w point 1-33, punishable by the prison sentence, the upper limit of which is of least three years, or by another custodial measure of at least the same period, 2) in the cases mentioned in § 1 point 2-4. § 3. The provisions of § 1 point 1 and § 2 point 1 do not apply, if the act does not constitute an offence because Polish law does not impose the same kind of tax or duty or does not contain a tax, duty, customs and exchange regulation of the same kind as the law of the issuing State. § 4. In the case referred to in § 1 point 2, the competent court or public prosecutor, before issuing the decision to execute an order to freeze evidence or secure property, consults the issuing authority in an effort to obtain all important information allowing the location of such evidence or property. If the information obtained does not allow the location of the evidence or property, the court or public prosecutor immediately notifies the competent judicial authority of the issuing State of the impossibility of executing the order. § 5. In the case mentioned in § 1 point 3, the competent court or public prosecutor may set, a deadline for the presentation of the certificate referred to in § 1 point 3 to the authority that issued the order, or the completion or correction thereof. § 6. If the deadline referred to in § 5 is not observed, the decision to execute the order is issued on the basis of information obtained previously.

b. Other useful information

Art. 589r. Particular mode or form, handing over the record of the procedure. § 1. When executing an order to freeze evidence or secure property, the request of the issuing authority that a particular mode or form be applied to this procedure should be fulfilled, unless it is contrary to the legal order of the Republic of Poland. Art. 589o. Stay of execution. Issuing the decision on the execution of the freezing order or on securing the property, a competent court or public prosecutor may simultaneously stay its execution, where: 1) its execution might damage an ongoing criminal proceedings - for the time necessary to secure a correct course of such proceedings, 2) the evidence or property concerned have already been frozen or seized for the purposes of other criminal proceedings, until that freezing order or seizure is lifted. Art. 589u. Compensation. § 1. Where the State Treasury is responsible for injury caused by the execution of an order freezing evidence or securing property issued by a judicial authority of the Member State of the European Union, the State Treasury submits a request to a competent authority of this State, to reimburse any sums paid in damages by virtue of that responsibility.

Last reviewed on 6 Lulju 2016 by EJN Secretariat

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