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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

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Il-Polonja

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

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

2. LEGAL FRAMEWORK

Il-Polonja

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union

3. COMPETENT AUTHORITY TO:

Il-Polonja

* receive the request/decision for judicial cooperation

The District Court (Sad Okregowy) in whose jurisdiction the sentenced person has a permanent or temporary place of residence. If jurisdiction cannot be determined pursuant to the principles described above, the District Court in Warsaw (Sad Okregowy w Warszawie) shall be competent in the case.

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

N/A

4. ACCEPTED LANGUAGES

Il-Polonja

Accepted languages for the request/decision

In accordance with Article 23(1) of the Framework Decision, the Republic of Poland has declared that it will accept certificates in the Polish language. In accordance with Article 23(3) of the Framework Decision, the Republic of Poland has declared that it may, without delay after receiving the judgment and the certificate, request, in cases where it finds the content of the certificate insufficient to decide on the enforcement of the sentence, that the judgment or essential parts of it be accompanied by a translation in Polish.

5. EXECUTION DEADLINE

Il-Polonja

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

The decision as to the execution of the ruling on deprivation of liberty shall be issued by the court within 40 days as of the date of receipt of the ruling along with the certificate. The decision of the court as to the execution of the ruling may be contested. The proceedings related to the execution of a ruling shall be finally concluded within 90 days as of the date of receipt of the ruling along with the certificate. In the case when the time frame mentioned above cannot be observed, the competent court or another authority of the ruling issuing state shall be accordingly notified, and the reason for the delay shall be indicated to that court or authority along with the expected time limit for issuing the ruling. The competent court or another authority of the ruling issuing state shall be immediately notified of the content of the decision related to the execution of the ruling on deprivation of liberty, as well as of important rulings issued during the enforcement proceedings, and also if the sentenced person absconded or took a hide. The notification may be submitted also with the use of devices for automatic data transfer, in a manner making it possible the verify the authenticity of the documents.

6. CONCISE LEGAL PRACTICAL INFORMATION

Il-Polonja

a. Special requirements

In accordance with Article 7(4) of the Framework Decision, the Republic of Poland has declared that it will not apply Article 7(1) of the Framework Decision. The absence of dual criminality is one of the obligatory grounds for refusal of the execution of the ruling on deprivation of liberty. The above does not apply if the act does not constitute a criminal offence due to the lack of or a different regulation in the Polish law concerning relevant fees, taxes, customs duties or foreign exchange principles.

b. Other useful information

In accordance with Article 28(2) of the Framework Decision, the Republic of Poland has declared that, in cases where the final judgment was issued within three years following the date of entry into force of the Framework Decision (i.e. before 5 December 2011), the Republic of Poland will, as an issuing and an executing State, continue to apply the legal instruments on the transfer of sentenced persons applicable prior to entry into force of the Framework Decision. According to Article 6(5) of the Framework Decision, Paragraph 2(a) of the Article 6 shall not apply to Poland as an issuing State and as an executing State in cases where the judgement was issued before the lapse of five years from 5 December 2011.

Last reviewed on 6 Lulju 2016 by EJN Secretariat

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