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

Examinare medicală psihiatrică (303)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes. The evidence by an opinion on the mental condition of an accused /a suspect/ should be admitted in case there arose doubts concerning his/her accountability. In order to obtain an opinion concerning the mental condition of an accused /a suspect/, at least two expert psychiatrists are summoned. The accused/suspect/ is obliged to submit to psychological and psychiatric tests, 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 there is doubt as to the mental state of a witness, his intellectual development, or ability to observe or recollect observations the court or public prosecutor may decide that witness will testify with the attendance of an expert physician or psychologist, and the witness cannot oppose this. For evidentiary purpose, a witness, with his consent, may be subject to physical examinations or medical or psychological tests.

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 – 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

At the request of the psychiatrists, experts in other areas of expertise may be appointed to participate in the issue of the opinion. For an opinion concerning the mental state of the accused /suspect/ with respect to a sexual orientation disorder, the court and, in preparatory proceedings, the public prosecutor, appoints an expert sexologist. Experts may not be a married couple, or stay in other type of relation that might evoke justified doubts concerning their self-reliance.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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