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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

Transfer of proceedings (1001)

1. MEASURE IMPLEMENTATION

Il-Polonja

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

Yes, Transfer of proccedings is regulated in Chapter 63 penal procedure code Article 590. § 1. In a case of a criminal offence committed abroad by: 1) Polish citizen, 2) person having their permanent place of residence in the territory of the Republic of Poland, 3) person who is serving or shall serve a penalty of imprisonment in the Republic of Poland, 4) person against whom criminal proceedings have been instituted in Poland the Minister of Justice shall, in the interest of the administration of justice, direct a request to a relevant body of a foreign country for taking over the criminal prosecution or may accept such a request from a relevant body of a foreign country. § 2. The takeover of a criminal prosecution shall be regarded as an institution of criminal proceedings under the Polish law. Article 591. § 1. In the case of a criminal offence committed by an alien within the territory of the Republic of Poland, the Minister of Justice shall, in the interest of the administration of justice, direct to a relevant body of a foreign country: 1) of which the wanted person is a citizen, 2) in which the wanted person has their permanent place of residence, 3) in which the wanted person is serving or shall serve a penalty of imprisonment, 4) in which criminal proceedings have been instituted against the wanted person a request to take over the criminal prosecution, or may accept such a request from a relevant body of the foreign country. § 2. If the injured is a Polish citizen, a request for taking the prosecution over may be only be submitted with their consent.

2. LEGAL FRAMEWORK

Il-Polonja

International legal framework applicable for this measure in your Member State

1. art. 21 para. 1 European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ( with the Additional Protocols) 2. still valid bilateral agreements between Poland and undermentioned countries: -Austria of 27.02.1978 -Austria of 2.06.2003 Bulgaria of 4.12.1961 Cyprus of 14.11.1996 Czech Republic of 21.12.1987 Estonia of 27.11.1998 Finland of 27.05.1980 Greece of 24.10.1979 Germany of 17.07.2004 Hungary of 6.03.1959 Italy of 28.04.1989 Lithuania of 26.01.1993 Luxembourg of 22.01.1934 Latvia of 23.02.1994 Slovakia of 25.03.1997 Sweden of 10.02.1989

3. COMPETENT AUTHORITY TO:

Il-Polonja

* receive the request/decision for judicial cooperation

Minister of Justice

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

Minister of Justice

4. ACCEPTED LANGUAGES

Il-Polonja

Accepted languages for the request/decision

The requests and attached documents shall be accompanied by their translation into Polish language or into an official language of the Council of Europe Listed above bilateral agreements specify the language requirements that requests for mutual assistance have to meet.

5. EXECUTION DEADLINE

Il-Polonja

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

N/A

6. CONCISE LEGAL PRACTICAL INFORMATION

Il-Polonja

a. Special requirements

N/A

b. Other useful information

Other domestic provisions concerning transfer the proceedings within the European Union. Article 592a. § 1. If the circumstances described in Article 590 § 1, Article 591 § 1 or other circumstances have occurred which provide grounds to presume that in respect of the same act of the same person criminal proceedings have been instituted in the Republic of Poland and in another Member State of the European Union, the court or the public prosecutor shall file to the competent court or another body of the Member State of the European Union a request for providing information about the proceedings. § 2. If it is difficult to determine the competent court or another body of the Member State of the European Union, the court or public prosecutor may also address competent organisational units of the European Judicial Network. § 3. The provisions of § 1 shall not apply if the information about the criminal proceedings pending in another Member State of the European Union has been obtained ex officio. Article 592b. § 1. With regard to a request of the court or another body of a Member State of the European Union for information on whether criminal proceedings are pending in relation to the same act of the same person, the court or the public prosecutor shall provide response within the time limit specified by that body. In the event of a failure to provide such a time limit or of an application of a measure involving imprisonment with regard to the accused, the court or the public prosecutor shall provide a response without delay. § 2. In the event of a failure to comply with the time limit specified in the first sentence of § 1, the court or the public prosecutor shall immediately inform the court or another body of the relevant Member State of the European Union of the reason for the delay and the expected time frame for providing the information. § 3. If the court or the public prosecutor to whom the request has been directed does not have relevant jurisdiction to undertake further action, they shall forward it to the competent court or public prosecutor and notify the court or another body of the relevant Member State of the European Union thereof. Article 592c. § 1. If in respect of the same act of the same person criminal proceedings have been instituted in the Republic of Poland and in another Member State of the European Union, the court or the public prosecutor shall consult with the competent court or another body of the Member State of the European Union and, if it serves the interest of justice, they shall request for the prosecution to be taken over or referred. Provisions of Articles 590 to 592 shall be applied accordingly. § 2. In the course of the consultation, the court or the public prosecutor shall transmit to the court or another body of the Member State of the European Union information about the application of precautionary measures in the proceedings, as well as other information upon request of the competent authority. § 3. The court or the public prosecutor may withhold any information the provision of which could undermine the security of the Republic of Poland or would put the health or life of the participant of the proceedings at risk. Article 592d. § 1. If as a result of the consultation referred to in Article 592c § 1 it has not been agreed which Member State shall take the prosecution over, the court or the public prosecutor may file a request to Eurojust - in cases of crimes which fall within its competence - for assistance in deciding which of the states could take the prosecution over. § 2. After obtaining the opinion of Eurojust, the court or the public prosecutor, if it serves the interest of justice, shall apply for the prosecution to be taken over or referred. Provisions of Articles 590 to 592 shall apply accordingly. Article 592e. In cases provided for in Article 592c § 1 and Article 592d § 2, the court or the public prosecutor shall inform the court or another body of the relevant Member State of the European Union of the manner of concluding the criminal proceedings by final decision. Article 592f. The request referred to in Article 592a and the consultation referred to in Article 592c shall not suspend actions taken in the criminal proceedings.

Last reviewed on 6 Lulju 2016 by EJN Secretariat

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