Fiches Belges
Measure Implementation
Measure possibility

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Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
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Fiches Belges: Polonia

Controlul identităţii, măsuri pentru identificare judiciară (304)

1. MEASURE IMPLEMENTATION

Polonia

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

Yes.The identity of an accused /suspect/ should be established in a criminal proceeding. A control of identity consists in an action with a view to obtain the confirmation of a natural person’s identity, with respect to the law. Police performing activates shall have the right to request identity cards from people in order to ascertain their identity, collect of fingerprints and of a buccal mucosa smear in purpose of identification of persons of undetermined identity and persons attempting to conceal their identity, if identity determination is impossible otherwise.In order to limit the circle of suspect , the collection of fingerprints, oral tissue, hair saliva, handwriting sample, smell, and taking of photographs or voice recordings of a person is permitted.Moreover, the accused /suspect/ may be taken to present to other persons for the purposes of identification. Police measures can be applicable as an alternative to judicial cooperation for the purposes of identification as well.

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. Council Framework Decision 2006/960/JHA on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union – as the alternate legal framework.

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. Framework Decision 2006/960/JHA - National Contact Point for information exchange in the Bureau of International Police Cooperation of the General Police Headquarters.

* 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. Framework Decision 2006/960/JHA - National Contact Point for information exchange in the Bureau of International Police Cooperation of the General Police Headquarters.

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. Framework Decision 2006/960/JHA - exchange of information may take place via any existing channels for international law enforcement cooperation. The language used for the request and the exchange of information shall be the one applicable for the channel used.

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. Framework Decision 2006/960/JHA – urgent requests: 8 hours ( max.3 days ), other requests: 1 week (max 14 days )

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

Framework Decision 2006/960/JHA - at the request of a competent law enforcement authority, fingerprints, photos and descriptions of appearance, information on ID documents used or DNA samples from the existing data bases shall be provided.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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