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: Polonia

Infiltrare de agenţi secreţi ai Statului solicitat (201)

1. MEASURE IMPLEMENTATION

Polonia

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

Special operations may be carried out by Police on the territory of Poland within the framework of the consent given by the proper Police authority. The actions may be focused on intelligence or directly on gathering evidences. The activities are regulated by Article 19a of the Act of Police. In case of acting according to Article 19a of Act of Police, it is necessary obtain the consent upon a written request of the Police Commander in Chief, submitted after a prior written consent of the general Public Prosecutor or a written request of the Voivodship Police Commander, submitted after prior written consent of the district prosecutor with territorial competence. Article 19a of the Act of Police defines that criminal police activities has to be aimed to check previously obtained reliable information about the crime and to establish perpetrators and obtain evidence of crime may consist in secret purchase, sale or takeover of objects relating to crime, subject to forfeiture, or the manufacture, possession, transportation or turnover of which is prohibited, as well as to takeover or awarding financial benefits. It may also involve a proposal to purchase, sell or takeover objects from crime, that are subject to forfeiture or objects, manufacture, possession, transport or sale of which is illegal, as well as the acceptance or giving of financial benefit. Moreover, actions carried out according to Article 19a has to remain in relation to following crimes: (1) against life, as defined in Articles 148-150 of the Penal Code, (2) defined in Article 134, Article 135 Paragraph 1, Article 136 Paragraph 1, Article 156 Paragraphs 1 and 3, Article 163 Paragraphs 1 and 3, Article 164 Paragraph 1, Article 165 Paragraphs 1 and 3, Article 166, 167, 173 Paragraphs 1 and 3, Article 189, 204 Paragraph 4, Articles 223, 228, 229, 232, 245, 246, 252 Paragraphs 1-3, Articles 253, 258, 269, 280-282, 285 Paragraph 1, Article 286, 296, 299 Paragraphs 1-6 and in Article 310 Paragraphs 1, 2 and 4 of the Penal Code, (3) against economic turnover defined in Article 297-306 of the Penal Code, resulting in property loss or directed against property, if the damage is in excess of the multiple of fifty minimum wages, defined on the basis of separate provisions, (4) Fiscal crimes, if the value of the subject of offence or reduction of public private amount due is in excess of the multiple of fifty minimum wages, defined on the basis of separate provisions, (5) illegal manufacture, possession or turnover in arms, ammunition, explosives, intoxicants, psychotropic substances and their precursors, as well as nuclear and radioactive materials, (6) defined in Article 8 of the Act of 6 June 1997 – Provisions implementing the Penal Code (Dz. U. No 88, item 554, as amended), (7) defined in Article 43-46 of the Act of 1 July 2005 on collection, storage and transplantation of cells, tissues and organs (Dz. U. No 169, item 1411), (8) prosecuted under international contracts and agreements.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

1. Agreement of the Government of the Republic of Poland and the Government of the Federal Republic of Germany on the cooperation of police, border guard and customs forces, signed in Zgorzelec on 15 May 2014 (Dz.U.2015.940), which came into force on 9.07.2015 (Article 20) - There are no specific provisions concerning mutual judicial assistance in criminal matters. The cooperation is possible by bilateral agreement between dedicated law enforcement agencies.

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

Police Commander in Chief of the Police

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

Police Central Bureau of Investigation

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

English or the language of the requested Member State.

5. EXECUTION DEADLINE

Polonia

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

not specified by regulations

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

see point 1.

b. Other useful information

N/A

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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