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

Schimb spontan de informaţii (401)

1. MEASURE IMPLEMENTATION

Polonia

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

Spontaneous exchange of information on asset recovery is possible under International Judical Cooperation, however in order to combat organized crime effectively, information that can lead to the tracing and seizure of proceeds from crime and other property belonging to criminals can be exchanged rapidly between Asset Recovery Offices of the Member States of the European Union. In Poland Asset Recovery Office (ARO) was designated in 2008 within the National Police Headquarters, Criminal Service Bureau structures. The Polish ARO may spontaneously exchange information which it consider necessary for the execution of the tasks of another Asset Recovery Office for the purposes of the facilitation of the tracing and identification of proceeds of crime and other crime related property which may become the object of a freezing, seizure or confiscation order made by a competent judicial authority in the course of criminal or, as far as possible under the national law of the Member State concerned, civil proceedings.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. The law has been implemented in Poland with the national "Act on exchange of information with the law enforcement authorities of the Member States of the European Union dated 16 September 2011". The a/m national act do not include the judicial cooperation. COUNCIL DECISION 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (art. 4)

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

The Council Framework Decision ("Swedish Initiative 960") implemented with the national act indicates the competent authorities which are authorized to spontanious exchange of information (on the ground of art.7 of the SFD 2006/960/JHA) within the law enforcement authorities. According to the implemented national act, the following Polish authorities have been authorized to exchange the information (receive and answer the requests): Police, Internal Security Agency, Central Anticorruption Bureau, Customs, Border Guard, Military Police and the fiscal controling authorities of the Ministry of Finance (art. 1.2 of the a/m national act). According to the art. 4.1 of the national act on exchange of information with the law enforcement authorities, the Single Point of Contact has been set up in the National Police HQs to deal with the incoming and outcoming requests sent on the ground of the Swedish Framework Decision 960 to and out of Poland. Each authorized national authority can obtain the requested information only via the National Contact Point (SPOC). This NCP is in the competence of the Commander in Chief of the Police. When spontaneous exchange of information on asset recovery is done via Asset Recovery Offices network the competent authority to receive the request is the Asset Recovery Office, Criminal Service Bureau, National Police Headquarters

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

N/A

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

English.

5. EXECUTION DEADLINE

Polonia

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

The normal time limits under art.4 of the Swedish Framework Decision are foreseen: 1/when the urgency is requested - the time for answering the request is 8 hours, 2/ when the urgency is not requested - the time is 1 week, 3/ in all other cases the time limit for answering the request is 14 days. The grounds for urgency shall be provided in the request for information / intelligence. In urgent cases (art.4.1) and non-urgent cases (art.4.3) of the SFD 960, the requested information should concern the offence punishable by a maximum term of imprisonment of at least three years in the requesting Member State and therefore fall under art.2.2 of the Framework Decision 2002/584/JHA.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

N/A

b. Other useful information

According to the art.7.1 of the Swedish Initiative (2006/960/JHA), the modalities of the spontanous exchange of information shall be regulated by the national law of the Member States providing the requested information. According to the art.7.2 of the same Decision, the provision of information and intelligence shall be limited to what is deemed relevant and necessary for the successful detection, prevention or investigation of the crime or criminal activity in questions. All the provision and rules of the spontanious exchange of information have been described in the articles of the national act implementing the Swedish Initiative (2006/960/JHA) into the Polish law. However, the cooperation on the ground of the a/m council decision and implementating it national act concerns only the authorized national law enforcement authorities.

Last reviewed on 6 iulie 2016 by Secretariatul RJE
  • © 2017 RJE. Toate drepturile rezervate.