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

Percheziţie corporală intimă (302)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes.There is a principle in criminal proceedings in Poland, that a person has no obligation to produce evidence against himself/herself. However, the accused is obliged to undergo certain operations. The accused is obliged to subject himself/herself to an invasive body examination (with the exception of surgical intervention), provided that it is conducted by an authorised health service professional in accordance with medical principles and without risk to the health of the accused, if such an examination is indispensable; in particular, if these conditions are met, the accused is obliged to subject himself/herself to collection of blood, hair and bodily secretions. The accused is obliged to submit to collection by a Police official of a buccal mucosa smear, if it is indispensable and doesn’t pose a threat to the health of the accused or other people. Also a suspected person, i.e. a person who has not got yet the status of a suspect in the proceedings, may also have blood samples, hair, a buccal mucosa smear, and other bodily secretions collected, respecting the requirements set for the accused.For evidentiary purpose, a witness, with his consent, may be subject to physical examinations or medical or psychological tests.In order to limit the circle of suspects, the collection of oral tissue, hair, saliva is permitted. The catalogue of actions and interventions is determined.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union - 2000 and related European Convention on Mutual Assistance in Criminal Matters – 1959. Second Additional Protocol to the European Convention on Mutual Assistance in Criminal Matters – 2001. Bilateral agreements.

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

District/Appellate Prosecutor’s Offices, District/Appellate Courts – depending on the stage of proceedings

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

The measure shall be carried out by regional/appellate prosecutor or district prosecutor under supervision of regional prosecutor, Police – in the course of pre-trial proceedings, and by the court – in the course of trial.

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

The requests and other documents being transmitted shall be accompanied by a translation into the Polish language unless the bilateral agreement provides otherwise.

5. EXECUTION DEADLINE

Polonia

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

None. Requests for legal assistance shall be executed promptly, taking into account own procedural deadlines and the time limit specified in the request.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

Polish law is applied to carry out the measure. However, the wish concerning the application of a special procedure or a special form of conduct if it does not conflict the principles of the legal order of the Republic of Poland should be complied with.

b. Other useful information

If the accused and the suspected person refuse to submit to an invasive body examination, it is admissible to apply compulsion and technical measures serving the purpose of restraining them to the extent necessary for the performance of a given procedure. After use in the case, the material collected for the purpose of the elimination that is not necessary for the proceedings must immediately be removed from the files and destroyed.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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